Patna High CourtCR. MISC./31640/2016bail granted

Akbar @ Akbar Alam v. The State Of Bihar

2016-09-23Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.31640 of 2016 (3) dt.23-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31640 of 2016 Arising Out of PS.Case No. -150 Year- 2015 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Akbar @ Akbar Alam, S/o Mahtab Alam, village, P.S. Kochdhaman, District Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the I.P.C.

The prosecution story, in brief, is that on 6.7.2015 when the informant and his family members going to sleep at night, then 12-13 unknown persons entered into the house and began to assault for demanding money and ornaments. On denial by the informant, the accused persons tied the hand and began to search the room and they took two mobiles and Rs.20,000/- cash kept in the Tin Box along with clothes of the family members and fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.31640 of 2016 (3) dt.23-09-2016 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the confession of coaccused. No T.I.P. has been conducted. There is no recovery of any looted article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. case No.150 of 2015.

(Sudhir Singh, J) Narendra/- U T