Patna High CourtCR. MISC./38874/2020allowed

Md Ishaque v. The State Of Bihar

2021-02-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38874 of 2020 Arising Out of PS. Case No.-57 Year-2020 Thana- DIGHALBANK District- Kishanganj ====================================================== Md Ishaque Son of Md Ibrahim Resident of Village - Balwadhangi Lukmantola P.S. Dighalbank District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-02-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Dighalbank P.S. Case No. 57 of 2020 for the offence under sections 395, 397 of the Indian Penal Code.

Allegation against this petitioner is that he entered the room of the informant and looted away Rs. 58000/- and ornaments etc.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. His name surfaced on the confessional statement of co-accused Minarul Haque @ Manjar Alam and Md. Tarque Alam @ Guddu. He further submits that the petitioner is in custody since 15.6.2020 yet he has not been put on TIP.

Patna High Court CR. MISC. No.38874 of 2020(2) dt.10-02-2021 2/2 Considering the fact that the petitioner is not named in in the FIR and he has not been put on TIP although he is in custody since 15.6.2020, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Dighalbank P.S. Case No. 57 of 2020 subject to the condition that the petitioner shall deposit Rs. 25000/- cash in the court below and the amount of Rs.25000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case.

(Anil Kumar Upadhyay, J) Ravi/- U T