Patna High CourtCR. MISC./53199/2016bail granted

Abdul Malik Momin v. The State Of Bihar

2017-03-01Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53199 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Abdul Malik Momin, son of Rabiul Momin, resident of village Boronagar, P.S. Kaliachak, district Malda (West Bengal) at present resident of Mohalla Pachhmi Tola, Maqdoom Sarai, P.S. Siwan Town, district Siwan .... Petitioner

Versus

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

For the Petitioner : Mr. Arvind Kumar, Adv. For the Opposite Party : Mr. Binod Kumar 3, APP 89 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 395 of the Indian Penal Code. The first information report has been registered against the unknown persons for the alleged occurrence of dacoity.

Submission of the petitioner is that nothing has been recovered from the possession of the petitioner nor the petitioner has been put on test identification parade though he is in custody since 14.07.2016.

The petitioner has produced copies of the first information report of seven cases, disclosed in paragraph 3 of the bail petition, through supplementary affidavit. Out of seven cases, in six cases the first information report is against unknown persons and submission of the petitioner is that in spite of no material, due to police

Patna High Court Cr.Misc. No.53199 of 2016 (5) dt.01-03-2017 2/2 atrocities, the police have remanded him in this case. Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with G.B. Nagar P.S. Case No. 35 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, Siwan, or successor Court.

(Birendra Kumar, J) SA/- U √ T √