Md. Farukh @ Md. Basir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22580 of 2020 Arising Out of PS. Case No.-98 Year-2019 Thana- ANDHRAMATH District- Madhubani ====================================================== Md. Farukh @ Md. Basir S/o Md. Khursheed Resident of Village- Majhori, P.S.- Nirmali, Distt- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-09-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 392 of the Indian Penal Code. The FIR of the occurrence of robbery is against unknown. The petitioner is in custody since 04.03.2020. Investigation of the case is already complete. Submission is that the petitioner was never put on Test Identification Parade during investigation of the case nor any incriminating article was recovered from his possession. The

Patna High Court CR. MISC. No.22580 of 2020(2) dt.04-09-2020 2/2 police has dragged the petitioner in this case only for the reason that petitioner is accused in another case and on the basis of the records available in the police station.

Considering the aforesaid material especially lack of evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Andharamath P.S. Case No.98 of 2019, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T