Patna High CourtCR. MISC./24182/2017bail granted

Asgar Alam v. The State Of Bihar

2017-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24182 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Asgar Alam, son of Yunus Siddiqui, resident of Village- Bahuarwa, P.S.- Sathi, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

The FIR of the occurrence of robbery is against unknown.

The impugned order reveals that name of the petitioner has transpired in the confessional statement of the coaccused, namely, Ibran Alam. The court below has passed the impugned order after perusal of the case diary. There is no mention of any other material against the petitioner. Considering the fact that only material against the

Patna High Court Cr.Misc. No.24182 of 2017 (2) dt.06-07-2017 2/2 petitioner is the confessional statement of the co-accused before the police which is not relevant piece of evidence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Bettiah, West Champaran/successor Court in connection with Mainatand Police Station Case No. 51 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T