Patna High CourtCR. MISC./43723/2019bail granted

Nashruddin @ Milkha v. The State Of Bihar

2019-07-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43723 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- DURAULI District- Siwan ====================================================== Nashruddin @ Milkha S/o- Pan Rasool @ Pan Rasool Miyan Resident of Village- Salonepur, P.S.- Hussainganj, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. The FIR of the occurrence of dacoity is against unknown. Name of the petitioner surfaced in the confessional statement of co-accused. The petitioner is in custody since 07.01.2019. Investigation of the case is already complete. Submission is that the petitioner was never put on Test Identification Parade during investigation nor any incriminating article was recovered from the possession of the petitioner.

Considering the facts aforesaid, let the petitioner,

Patna High Court CR. MISC. No.43723 of 2019(2) dt.16-07-2019 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Darauli P.S. Case No.256 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T