Patna High CourtCR. MISC./53424/2017bail granted

Hamid Raja @ Hamid Khan v. The State Of Bihar

2018-01-12Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53424 of 2017 Arising Out of PS.Case No. -202 Year- 2016 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Hamid Raja @ Hamid Khan Son of Sarfaraj Khan Resident of VillageJagaliya, P.S. Madhuban, Distt. East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-01-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in connection with Sessions Trial No. 995 of 2017, arising out of Keshariya P.S. Case No. 202 of 2016 dated 06.08.2016 instituted for the offence under Section 395 of the Indian Penal Code.

The informant was robbed of his belongings by five miscreants who were occupying a Scorpio vehicle. The petitioner is not named in the FIR and has been implicated on the basis of his having been arrested with the Scorpio vehicle (number of which has not been provided by the investigating agency), which vehicle was attempted to be sold.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.53424 of 2017 (3) dt.12-01-2018 but for his confession and the confession of another co-accused viz. Gaurav Kumar, there is no other material to connect the petitioner with the crime. The petitioner earlier was made accused in two other cases, reference of which has been given in paragraph -3 of the petitioner and in both the cases, the petitioner is said to be on bail.

The petitioner is in custody since 27.03.2017. Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 12th Additional Sessions Judge, Motihari, East Champaran in connection with Sessions Trial No. 995 of 2017, arising out of Keshariya P.S. Case No. 202 of 2016.

(Ashutosh Kumar, J) KKSINHA/- U T