Patna High CourtCR. MISC./35318/2016bail granted

Md. Irshad @ Sheikh Raja v. The State Of Bihar

2016-10-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35318 of 2016 Arising Out of PS.Case No. -79 Year- 2016 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Md. Irshad @ Sheikh Raja Son of Sheik Abul Hassan, resident of Mohalla- Kalyani Kedarnath Road, P.S- Town, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zaki Haider, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 328, 307 and 379/34 of the I.P.C. Allegedly, the informant boarded in a tempo on Muzaffarpur Railway Station to go to Bairiya and in that tempo driver and three others were already boarded, but in the way they provided cold drinks, resulting the informant became senseless and his V.I.P. containing clothes, adhar card, watch, mobile etc were stolen away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.6.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.35318 of 2016 (3) dt.21-10-2016 2/2 petitioner is not named in the F.I.R. The petitioner has not been put on Test Identification Parade. The other co-accused has been granted bail vide Cr.Misc.No.32065 of 2016.

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, Muzaffarpur in connection with Brahampura P.S. case No.79 of 2016.

(Sudhir Singh, J) Narendra/- U T