Md. Shabbir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29735 of 2020 Arising Out of PS. Case No.-215 Year-2019 Thana- GANDHIMAIDAN District- Patna ====================================================== MD. SHABBIR Son of Salim Resident of Munir Colony, Ishopur, Lalmian Ki Dargah, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Shekhar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Allegedly, the car of the informant, parked near the hotel was looted away by the accused persons.

It has been submitted on behalf of the petitioner that there

Patna High Court CR. MISC. No.29735 of 2020(2) dt.10-11-2020 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-09-2019. Charge sheet/Prosecution report in this case has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on test identification parade to ascertain his participation in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Richa Ranjan, learned Judicial Magistrate-Ist Class, Patna in connection with Gandhi Maidan P.S. Case No. 215 of 2019. (Sudhir Singh, J) A.K.V.//- U T