Md. Shams Zafar @ Shams Alam @ Shams Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38773 of 2020 Arising Out of PS. Case No.-6 Year-2020 Thana- BAHADURGANJ District- Kishanganj ====================================================== Md. Shams Zafar @ Shams Alam @ Shams Zafar Aged about 23 years male Son of Late Ans Zafar @ Ahsanul Mujaffar Resident Of Village- Pipal Tora Kutti , P.S.- Angarh, District Purnea ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Bahadurganj P.S. Case No. 06 of 2020, for the offence under Section 302 of the Indian Penal Code.

The allegation against the petitioner is that hee was involved in snatching of Rs.60,621/- and Cellphone from the bag of the informant at the pistol point.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not named in the first information report and petitioner's name surfaced on the confessional statement of co-accused Md. Izhar alias Izhar. Petitioner is in custody since 19.05.2020 yet he has not been put

Patna High Court CR. MISC. No.38773 of 2020(2) dt.09-02-2021 2/2 on test identification parade.

Considering the fact that the petitioner was not named in the FIR and he is in custody since 19.05.2020 yet he has not been put on test identification parade, the Court is inclined to grant bail to the petitioner subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 06 of 2020. Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of Bahadurganj P.S. Case No. 06 of 2020.

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