Patna High CourtCR. MISC./33136/2016bail granted

Md. Islam v. The State Of Bihar

2016-09-20Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.33136 of 2016 (4) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33136 of 2016 Arising Out of PS.Case No. -22 Year- 2015 Thana -RAUTARA District- KATIHAR ====================================================== Md. Islam S/O- Md. Moej @ Mouje, R/O. Vill- Kedampur, D.S. College, P.S.- Nagar, Distt- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 392 and 412 of the I.P.C. The prosecution story, in brief, is that on 8.7.2015 the informant was going to his house after disposing of the work of the office on his motorcycle bearing registration No. BR-11R6748, three persons on one motorcycle came and on the point of pistol stopped his motorcycle and they snatched his motorcycle and Rs.56,800/- along with one mobile, agreement book, pan card, identity card, cheque book etc and fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.3.2016 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.33136 of 2016 (4) dt.20-09-2016 tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. He has not been put on Test Identification Parade. There is no recovery of any incriminating article from the possession of the petitioner. Except for the confessional statement of the co-accused there is no other material to implicate the petitioner in the present case. The other coaccused has been granted bail vide Cr.Misc.No.10095 of 2016. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Sri M.K. Jha, J.M., 1st class, Katihar in connection with Rautara P.S. case No.22 of 2015.

(Sudhir Singh, J) Narendra/- U T