Patna High CourtCR. MISC./360/2017bail granted

Md. Raja v. The State Of Bihar

2017-01-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.360 of 2017 Arising Out of PS.Case No. -35 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Md. Raja, son of Aziz, resident of village - Makhanpura, P.S.- Kharda, District- 24 Pargana (W.B.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks bail in G.B. Nagar P.S. Case No.35 of 2016 instituted for the offence under Section(s) 395 Indian Penal Code.

It has been submitted that the name of this petitioner has come in the confessional statement of the co-accused, Israphil, as mentioned in para 26 of the Case Diary. The petitioner has never been put on Test Identification Parade. The written report has been filed against 10-12 unknown persons alleging that dacoits entered into the house of the Informant and committed dacoity. It has further been submitted that other accused have been granted bail by a co-ordinate Bench of this Court. The petitioner is

Patna High Court Cr.Misc. No.360 of 2017 (2) dt.28-01-2017 2/2 said to be in custody since 13.03.2016.

From the impugned order also, it appears that the name of this petitioner was disclosed by the co-accused in his confessional statement.

Considering the above, let the Petitioner, above named, be released on bail on furnishing bail bond of `10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with G. B. Nagar P.S. Case No.35 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) JA/- U T