Sahid Khan @ Shahid Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28196 of 2017 Arising Out of PS.Case No. -49 Year- 2013 Thana -MADANPURA District- AURANGABAD ====================================================== SAHID KHAN @ SHAHID MIAN Son of Nasruddin Khan, Resident of Village- Karmauni, P.S.- Sherghati (Dobhi), District- Gaya. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State.

The petitioner is accused in Madanpura P.S. Case No. 49 of 2013 for the offense under Sections 395 of the Indian Penal Code.

From perusal of the FIR it appears that the informant has claimed that he can identify the miscreants involved in the alleged robbery. The petitioner is in custody since 25.2.2017. The FIR was lodged against unknown.

Despite the specific claim of the informant that he can identify the miscreants, the petitioner was not put on TIP. In this case the case diary and the antecedent report were called for and in the case diary there is reference of Dobhi P.S. Case Nos.

Patna High Court Cr.Misc. No.28196 of 2017 (3) dt.20-07-2017 2/2 80 of 2000, 42/2005 and 182 of 2004 whereas in para-3 of he petition the petitioner has disclosed about certain more cases pending against him.

In view of the fact that the FIR was lodged against unknown and despite the claim of the informant that he can identify the miscreants involved in the robbery, the petitioner was not put on TIP, the Court is inclined to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad or the successor court in connection with Madanpur P.S. Case No. 49 of 2013, subject to the conditions that the both the bailors should be the close relatives of the petitioner and further that the petitioner will extend full cooperation in the conclusion of the trial and will not, in any manner, tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) S.Pandey/- U T