Ashfaque @ Sah Asfak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49860 of 2018 Arising Out of PS.Case No. -386 Year- 2016 Thana -FORBESGANJ District- ARRARIA ====================================================== Ashfaque @ Sah Asfak, Son of Dukhi Sah, Resident of Village- Dholbajja, Police Station- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate. For the Opposite Party/s : Mr. Rajkishore Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Forbesganj P.S. Case No. 386 of 2016 instituted for the offence under Section 395 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery from possession of the petitioner. No Test Identification Parade has been held. The name of petitioner has come in the confessional statement of co-accused Rahmat Ali who has already been granted bail by a coordinate Bench of this Court vide order dated 16.05.2018 passed in Cr. Misc. 29142 of 2018.

Petitioner is said to be in custody since 16.05.2018

Patna High Court Cr.Misc. No.49860 of 2018 (3) dt.01-10-2018 2/2 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let 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, Araria, in connection with Forbesganj P.S. Case No. 386 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T