Jamshed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18689 of 2020 Arising Out of PS. Case No.-71 Year-2019 Thana- GOPALPUR District- West Champaran ====================================================== 1.

JAMSHED ALAM S/o Mir Nijam R/o Village- Mansa Tola, P.S.- Bettiah, (M), Distt- West Champaran 2.

Maksud Mian S/o Mir Ajmerul R/o Village- Mir Tola Chawk, P.S.- Sugauli, Distt- East Champaran.

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-08-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The petitioners have filed the instant application for grant of regular bail in connection with Gopalpur P.S. Case No. 71 of 2019 registered under section 394 of the Indian Penal Code.

As per allegation in the FIR, It is stated by the informant that three unknown persons, physical features of whom is described by the informant got into the tempo. After going for some distance, they got the informant to stop the vehicle at an isolated place, tied up his hands and legs, assaulted him and dispossessed him of his tempo and other valuables. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.18689 of 2020(3) dt.31-08-2020 2/2 that the FIR was registered against three unknown and that in course of investigation six persons including the petitioners herein were put on T.I. parade and the informant identified only Md. Farmaan. It is submitted that the petitioners are in custody since 4.7.2019 and the investigation in the case has concluded. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in view of the fact that in the T.I. parade conducted with respect to six accused persons, the two petitioners herein were not identified by the informant, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to be enlarged on bail in connection with Gopalpur P.S. Case No. 71 of 2019 on each of them furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran. (Partha Sarthy, J) sushma/- U T