Patna High CourtCR. MISC./42550/2018bail granted

Shahwaz Alam @ Shahwaz v. The State Of Bihar

2018-07-26Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42550 of 2018 Arising Out of PS.Case No. -351 Year- 2018 Thana -BARACHATTI District- GAYA ====================================================== Shahwaz Alam @ Shahwaz, son of Late Md. Asad Alam, resident of Village- Gajragarh, Police Station- Barachatti, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nikhilesh Kumar, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 29.05.2018 in connection with Barachatti P.S. Case No.351 of 2018 registered for the offence under Sections 414 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has been named in the F.I.R. on the basis of the confessional statement made before the police by one Hari Prasad. Admittedly, the Bolero pick-up van was not recovered from the possession of the petitioner but from the field of one Santosh Kumar Shekhar and thus the petitioner is entitled to the privilege of bail. It is further submitted that apart from the

Patna High Court Cr.Misc. No.42550 of 2018 (2) dt.26-07-2018 2/2 present case, the petitioner has been implicated in one another case under the Bihar Excise Act, in which he has already been granted bail.

In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Barachatti P.S. Case No.351 of 2018. (Anjana Mishra, J) PNM U T