Md. Afsar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16937 of 2020 Arising Out of PS. Case No.-468 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== MD. AFSAR Son of Md. Firoz @ Md. Firoz Alam @ Firoz Alam R/O - Mithan Sarai, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma, Advocate For the Opposite Party/s :

Mr.Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-08-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR is against unknown. Investigation of the case is already complete.

Submission is that petitioner was never put on Test Identification Parade. A mobile phone was recovered not from the physical possession of the petitioner and it is alleged that the same was of the petitioner and was a looted property. Name of the petitioner surfaced in the confessional statement of coaccused.

Patna High Court CR. MISC. No.16937 of 2020(3) dt.28-08-2020 2/2 Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nanpur P.S. Case No.468 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T