Patna High CourtCR. MISC./22497/2019bail granted

Md. Jalil v. The State Of Bihar

2019-07-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22497 of 2019 Arising Out of PS. Case No.-409 Year-2017 Thana- AMARPUR District- Banka ====================================================== MD. JALIL Son of Late Somani @ Shobhani Resident of Village- Simariya, Police Station- Kajraili, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Amarpur P.S. Case No. 409 of 2017, instituted for the offence under Section(s) 394 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery from possession of the petitioner. No Test Identification Parade has been held. The name of petitioner has come during investigation on the basis of SIM Card issued in the name of petitioner was used in the stolen Mobile. Counsel for the petitioner submits that there is no evidence on record to show that the alleged SIM Card has been issued in the name of petitioner by putting his signature and the same was used by

Patna High Court CR. MISC. No.22497 of 2019(6) dt.31-07-2019 2/2 him. Petitioner is aged about 70 years.

Petitioner is in custody since 11.12.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Amarpur P.S. Case No. 409 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T