Sarwar @ Md. Sarwar v. The State Of Bihar

Patna High Court Cr.Misc. No.6499 of 2016 (3) dt.07-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6499 of 2016 Arising Out of PS.Case No. -215 Year- 2014 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Sarwar @ Md. Sarwar S/o Md. Sabbir, resident of Mohalla- Pakk Talab, P.S.- Laheri, District- Nalanda... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Arun Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

Supplementary affidavit has been filed wherein it is stated that due to bonafide mistake the prosecution case has wrongly been mentioned in the original application, resulting necessity of supplementary affidavit. Let the same be kept on record. The petitioner seeks bail in connection with Laheri P.S. Case No. 215 of 2014 registered for the offence punishable under Section 392 of the Indian Penal Code.

The petitioner is not named in the first information report wherein it is alleged that three pulsar motorcycle borne criminals, at the point of pistol, snatched a bag containing cash of Rs. 2,30,000/- and fled away. The informant claimed to identify them after seeing. During investigation the petitioner has been remanded in this case from Hazaribagh (Jharkhkand) Case No. 998 of 2014 wherein he has confessed his guilt regarding participation in the present case also.

Patna High Court Cr.Misc. No.6499 of 2016 (3) dt.07-04-2016 Submission is of false implication and that the petitioner is in custody since 30.09.2015 but he has not been put on test identification parade, nothing has been recovered from his conscious possession and without any legal and tangible material he is behind the bar and as such he deserves sympathetic consideration to which learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 215 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T