Patna High CourtCR. MISC./17455/2019bail granted

Sarfullah @ Sarfullah Mian v. The State Of Bihar

2019-03-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17455 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== 1.

Sarfullah @ Sarfullah Mian, S/o Mustakim Mian, R/o Village- Chhapkahiya, Ward no. 1, P.S.- Birta, District - Parsa (Nepal). 2.

Om Prakash Sah, S/o Chhotelal Sah R/o Village- Chhapkahiya, Ward no. 1, P.S.- Birta, District - Parsa (Nepal).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mrs. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 27.11.2018 in a case registered for the offences punishable under Sections 328 and 379 of the Indian Penal Code. The prosecution case is that on 25.07.2018 the informant was boarded in train at Raxaul and when the train left the railway station one co-passenger offered him tea and tobacco in the train and having taking tea and tobacco, the informant got unconscious. It is alleged that when the informant regained consciousness, he found that all his articles and cash have been stolen away, leading to registration of FIR against unknown. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.17455 of 2019(2) dt.29-03-2019 2/2 except the confessional statement of the petitioners before the police there is no material against the petitioners and the investigation has already been concluded.

Learned APP submits that the petitioners have confessed their guilt.

Considering the fact that the investigation has already been concluded and the petitioners have not been put on T.I. Parade till date, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in connection with Sessions Trial No. 36 of 2019, arising out of Sugauli P.S. Case No. 38 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T