Imtiaz @ Md. Imtiaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55172 of 2016 Arising Out of PS.Case No. -454 Year- 2015 Thana -ARARIA District- ARRARIA ======================================================

1. Imtiaz @ Md. Imtiaz, son of Md. Islamuddin, resident of Village- Gogra, Police Station- Jokihat, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2017 Heard both sides.

The petitioner seeks bail in Araria P.S. case No. 454 of 2015 under Section 392 of the Indian Penal Code. The informant lodged the case against unknown persons for robbing him.

It is submitted that petitioner is not named in the FIR. The name of petitioner figured in the case in the confessional statement of co-accused Asif Raza. Thereafter, the police took the statement of witnesses in whose presence Asif Raza disclosed the name of the petitioner and they also disclosed the name of petitioner as disclosed by Asif Raza but the petitioner has not been put in T. I. parade. Nothing has been recovered from the possession of the petitioner. Similarly situated accused Md.

Patna High Court Cr.Misc. No.55172 of 2016 (3) dt.01-03-2017 2/2 Sadakat has already been granted bail vide order dated 22.04.2016 passed in Cr. Misc. No. 16257 of 2016.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged 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 R. Narayan, learned 3rd Additional Chief Judicial Magistrate, Araria in Araria P.S. Case No. 454 of 2015. (Prabhat Kumar Jha, J) BKS/- U T