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Patna High CourtCR. MISC./54744/2016bail granted

Raja Ansari v. The State Of Bihar

2016-12-20Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54744 of 2016 Arising Out of PS.Case No. -199 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raja Ansari, Son of Late Gaffar Miya, R/o Village - Khirlichiya, P.S.- Raxaul, District - East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Section 394 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has not been named in the First Information Report. Petitioenr's name surfaced in this case only on the basis of confessional statement of co-accused, namely, Firoj Ansari. Nothing has been recovered from the possession of the petitioner, except one mobile and that too belongs to the petitioner. Learned counsel for the petitioner further submitted that the petitioner has not been put on Test Identification Parade and now the chargesheet has been filed and the petitioner has been languishing in judicial custody since 09.09.2016.

Patna High Court Cr.Misc. No.54744 of 2016 (2) dt.20-12-2016 2/3 Heard learned A.P.P. also.

Having heard bother sides and in view of the fact that petitioner has not been named in the F.I.R., his name transpired only on the basis of confessional statement of co-accused and he has not been put to Test Identification Parade and has been in judicial custody since 09.09.2016, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, in connection with Raxaul P.S. Case No. 199 of 2016, with the condition that One of the bailors will be his family members, having sufficient immovable property within the jurisdiction of the concerned court and petitioner will cooperate in the trial or investigation And shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Vinod Kumar Sinha, J) sunil/-

Patna High Court Cr.Misc. No.54744 of 2016 (2) dt.20-12-2016 3/3 U