Patna High CourtCR. MISC./45232/2019bail granted

Md. Ashraf v. The State Of Bihar

2019-07-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45232 of 2019 Arising Out of PS. Case No.-728 Year-2018 Thana- ARARIA District- Araria ====================================================== MD. ASHRAF Son of Md. Tahir Resident of Village - Sisona, P.S. and District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Araria P.S. Case No. 728 of 2018, instituted for the offence under Section(s) 392/34 of the Indian Penal Code. Subsequently, Section 412 Indian Penal Code was added.

Counsel for the petitioner submits that alleged looted Motorcycle has been recovered from Mobile shop of brother of the petitioner. There is recovery of no incriminating article from possession of the petitioner. No Test Identification Parade has been held. The other co-accused with similar allegation has already been granted bail by this Court as well as by coordinate Benches of this Court vide orders dated 3.4.2019, 26.2.2019 and 24.4.2019 passed in Cr. Misc. Nos. 20587 of 2019, 11874

Patna High Court CR. MISC. No.45232 of 2019(2) dt.25-07-2019 2/2 of 2019 and 7733 of 2019 respectively.

Petitioner is in custody since 25.10.2018.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail 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 Araria P.S. Case No. 728 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

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