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Patna High CourtCR. MISC./53883/2017bail granted

Md. Feroz v. The State Of Bihar

2017-11-09Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53883 of 2017 Arising Out of PS.Case No. -123 Year- 2016 Thana -SAHKUND District- BHAGALPUR ====================================================== Md. Feroz s/o Late Md. Mahboob r/v- Madarpur, P.S. - Asarganj, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gautam Kumar Kejriwal, Adv. For the Opposite Party/s : Mrs. Veena Rani Prasadd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sahkund P.S. Case No. 123/2016, registered for the offences punishable under Section 394 of the Indian Penal Code.

Four unknown miscreants are said to have looted the passengers of the bus by blocking the road.

It is submitted by the learned counsel for the petitioner that petitioner is neither named in the F.I.R. nor any incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner was not put on T.I.P. There is nothing on record which shows the complicity of the petitioner in aforesaid occurrence except the confessional statement of coaccused which has no evidentiary value in the eye of law.

Patna High Court Cr.Misc. No.53883 of 2017 (2) dt.09-11-2017 2/2 Similarly situated co-accused Mithilesh Chaudhary has been enlarged on bail by a coordinate bench of the court vide order dated 12.04.2017 passed in Cr. Misc. 17875/2017. Considering the facts and circumstances of the case, the petitioner above named, is directed to be enlarged 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 learned Additional District & Sessions Judge 7th, Bhagalpur, in connection with Shahkund P.S. Case No. 123/2016. (Prakash Chandra Jaiswal, J) Vinita/- U T