Md. Tabrej Alam @ Tabrej v. The State Of Bihar
Patna High Court Cr.Misc. No.22102 of 2018 (3) dt.10-05-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22102 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================
1. MD. TABREJ ALAM @ TABREJ, son of Late Sairazuddin, Resident of Village- Swaldah Majhuwa, Police Station- Narpatganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner has been in custody since 30.01.2018 in connection with Forbesganj P.S. Case No. 09/2017 registered for the offences punishable under Sections 364/392 of the Indian Penal Code.
Learned counsel for the petitioner submits that though he is not named in the First Information Report, subsequently, in the confessional statement made before the police, by one Md. Ekbal Ansari and Nasar Ansari, the petitioner has been implicated in connection with the present case. It is further submitted that save and except the confessional statement of the co-accused made before the police which has no evidentiary
Patna High Court Cr.Misc. No.22102 of 2018 (3) dt.10-05-2018 value, there is no further material in the case diary. Learned counsel for the State after perusal of the case diary submits that certain recoveries were made from the petitioner, but it cannot be said with specification that the same was stolen as there was nothing on record to match the stolen bag as alleged in the First Information Report.
Having considered the entire facts and circumstance and more so because the said Md. Ekbal Ansari has been granted regular bail by a Bench of this Court in Cr. Misc. No. 26842 of 2017 vide order dated 26.07.2017, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 09 of 2017. (Anjana Mishra, J) Saif/- U T