Patna High CourtCR. MISC./27368/2019bail granted

Md. Afroj v. The State Of Bihar

2019-08-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27368 of 2019 Arising Out of PS. Case No.-288 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Md. Afroj son of Md. Gyasuddin @ Md. Gyas Resident of Village - Lakhminia, P.S.- Ballia, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.Ahtasham Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Ballia P.S. Case as No. 288 of 2018 registered for the offence punishable under section 392 of the Indian Penal Code.

As per the FIR, it is alleged by the informant that while he was returning on his Scooty, three persons looted his scooty as also Rs. 10,000/- in cash and various other articles as mentioned in the FIR. The name of the petitioner transpired in course of investigation on the confessional statement of coaccused. It is submitted by learned counsel for the petitioner that the name of the petitioner transpired on the confessional statement of the co-accused, on the date of alleged occurrence

Patna High Court CR. MISC. No.27368 of 2019(4) dt.14-08-2019 2/2 the petitioner was himself in custody in another case i.e. Balia P.S. Case No. 6 of 2018, charge sheet has already been submitted in this case and he is in custody since 11.01.2019. The petitioner has not been put on Test Identification Parade. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Ballia P.S. Case No. 288 of 2018.

(Partha Sarthy, J) Prakash/- U T