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Patna High CourtCR. MISC./1103/2019bail granted

Md. Sanowar @ Md. Sanobar v. The State Of Bihar

2019-02-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1103 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- KHARHAGPUR District- Munger ====================================================== Md. Sanowar @ Md. Sanobar, son of Md. Rabbani, r/o Mohalla Mirgiachak, P.S. Kotwali, Distt. Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda, Advocate.

For the Opposite Party/s :

Mr. S. Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Kharagpur P.S. Case No. 214 of 2018, instituted for the offence under Section(s) 392 of the Indian Penal Code.

It is alleged in the written report that informant along with his friend Deoki Prasad Singh was coming from Belbigha by Motorcycle. The Motorcycle was driven by Deoki Prasad. It is further alleged that a blue colour Apache Motorcycle on which three persons were seated, overtook the informant and stopped him. The persons seated on the Apache Motorcycle snatched the Motorcycle, mobile phones and cash of Rs.22,500/-.

Counsel for the petitioner submits that petitioner is

Patna High Court Cr.Misc. No.1103 of 2019(3) dt.07-02-2019 2/2 not named in the written report. No Test Identification Parade has been held. One Motorcycle is said to have been recovered from possession of the petitioner. He further submits that petitioner has purchased the Motorcycle second hand and it is not alleged that the Motorcycle is stolen one. Counsel for the petitioner submits that name of petitioner has come on the basis of confessional statement of co-accused Amit Kumar who has already been granted bail by coordinate Bench of this Court vide order dated 12.10.2018 passed in Cr. Misc. 62861 of 2018.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner 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 Additional Chief Judicial Magistrate-IVth, Munger, in connection with Kharagpur P.S. Case No. 214 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. S.Ali/- (Sanjay Priya, J) U T