Shamser @ Shamser Alam @ Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27220 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -PAHARKATTA District- KISANGANJ ====================================================== Shamser @ Shamser Alam @ Shamsher, S/o- Late Rafij, resident of Ratangaon Jhargram, P.S.- Islampur, District- Uttar Dinajpur (W.B.) .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 379, 411 and 34 of the Indian Penal Code.

On receiving information when the police party reached near the place of occurrence, the accused persons were trying to flee away but on chase some of them were caught. Some articles and a Tata Safari vehicle were recovered and that vehicle belongs to this petitioner. As such, he has been made accused in the present case.

It is submitted on behalf of the petitioner that he has got no criminal antecedent. Petitioner's name has come on the basis of confessional statement of the co-accused who was apprehended on the spot. Except for this, there is no other evidence against the petitioner. There is no recovery of any incriminating article from the conscious possession of the petitioner.

On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.27220 of 2016 (2) dt.12-07-2016 2/2 above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Paharkatta P.S. Case no. 6 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T