Surendra Mushahar v. The State Of Bihar

Patna High Court Cr.Misc. No.44759 of 2016 (2) dt.18-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44759 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Surendra Mushahar son of Late Jagdish Mushahar resident of village Khalafatpur PS Buxar (M) Dist. Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s Mr. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 18.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 395 and 397 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, it came to light that looted mobile was used by the petitioner from the sim of his sister-in-law. Submission on behalf of the petitioner is that the petitioner has not been put on test identification parade and so far as looted mobile is concerned, the same was purchased by him from a person of his adjacent village. Moreover, petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge V, Kaimur in

Patna High Court Cr.Misc. No.44759 of 2016 (2) dt.18-10-2016 Sessions Trial no. 338/384 of 2016 arising out of Kudra P.S. Case no. 12/2016.

shahid (Hemant Kumar Srivastava,J) U T