Md. Sadique Hussain @ Chhotu @ Chhotu Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26245 of 2019 Arising Out of PS. Case No.-873 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== MD. SADIQUE HUSSAIN @ CHHOTU @ CHHOTU MIYAN, (Male), aged about 25 years, Son of Md. Iqbal Uddin, Resident of Mostafa Nagar, ward no-6, P.S.-Saharsa, District-Saharsa.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Md. Harun Quareshi, Advocate.

For the Opposite Party :

Mr.Satyadeo Singh Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 23.01.2018 in a case for the offence registered under Sections\ 392 of the I.P.C. Later on, Section 395 of the I.P.C. was also added.

The prosecution story, in brief, is that the informant being the employee of Bijay Gupta, a building construction material traders, on 30.07.18 at 11.05 took Rs. 2,50,000/- and was going to deposit in the Corporation Bank alongwith his companion Binod Kumar. He reached in the street of Sandhaya

Patna High Court CR. MISC. No.26245 of 2019(2) dt.23-04-2019 2/3 Jewellers and getting down from the Motorcycle and with his companion Binod Kumar entering into Bank, saw a youth bearing Red Colour T. Shirt and another youth wearing full shirt of Sky Colour snatched his Bag containing cash amount and the another youth put pistol on him. Due to fear, he sat on a Tempo then the said youth put pistol on Binod Kumar and checked him and by taking bag all the three miscreants fled away towards Mahavir Temple.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The petitioner has not been put on T.I. Parade. It is further submitted that the petitioner may be released on bail after completion of seven months in custody.

On behalf of the learned counsel for the State, it has been submitted that the petitioner not is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of seven months in custody on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.26245 of 2019(2) dt.23-04-2019 3/3 each to the satisfaction of the learned C.J.M. Saharsa, in connection with Saharsa P.S. Case No. 873 of 2018. (Sudhir Singh, J) U.K./- U T