Md. Murshid @ Pandit @ Musad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17947 of 2019 Arising Out of PS. Case No.-455 Year-2018 Thana- ARARIA District- Araria ====================================================== MD. MURSHID @ PANDIT @ MUSAD S/o Md. Nezam, Resident of Village-Mahchanda, P.S-Simraha, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 394 of the Indian Penal Code.

The prosecution case, in short, is that while the informant was going to pay the price of cattle, the miscreants snatched Rs. 150000/- from bag and Rs. 50,000/- from his pocket.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-09-2018. Charge sheet in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.17947 of 2019(2) dt.12-04-2019 2/2 Nishad. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. It has further been submitted that the petitioner may be released after completion of nine months in custody.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of nine months in custody, the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Araria in connection with Araria (R.S.) P.S. Case No. 455 of 2018.

(Sudhir Singh, J) A.K.V.//- U T