Patna High CourtCR. MISC./20587/2019bail granted

Md. Jasim @ Jasim v. The State Of Bihar

2019-04-03Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20587 of 2019 Arising Out of PS. Case No.-728 Year-2018 Thana- ARARIA District- Araria ====================================================== MD. JASIM @ JASIM S/o Md. Kasim Resident of Village- Ijtama Tola, Belwa Mirjabhag, P.S. and District- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Gautam, Advocate.

For the Opposite Party/s :

Mr. Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Araria P.S. Case No. 728 of 2018, instituted for the offence under Section(s) 392 and 412/34 of the Indian Penal Code.

Counsel for the petitioner submits that name of this petitioner has been taken by the informant merely on suspicion on the basis of disclosure made by the villagers. He further submits that in the impugned order it is mentioned that looted Motorcycle of the informant has been recovered from the house of co-accused Krishna Sah. There is no recovery of any incriminating article from possession of the petitioner. Petitioner was not present on the spot. No Test Identification Parade has been held.

Petitioner is in custody since 25.10.2018.

Patna High Court CR. MISC. No.20587 of 2019(2) dt.03-04-2019 2/2 Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let 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 learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 728 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T