Patna High CourtCR. MISC./51644/2014bail granted

Md. Shamim Alam v. The State Of Bihar

2015-03-03Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51644 of 2014 Arising Out of PS.Case No. -73 Year- 2012 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Md. Shamim Alam son of Md. Gaffur Shah, resident of village- Sahuri, Police Station- Birpur, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Samastipur Rail P.S. Case No.73 of 2012 registered for the offences punishable under sections 328, 379 and 307 read with 34 of the Indian Penal Code.

It has been contended that the petitioner is neither named in the FIR nor he has been put of T.I.Parade in course of investigation. His name transpired on the basis of confessional statement of co-accused Md. Rizwan Alam and Md. Rizwan Alam has already been granted bail by a Bench of this Court on 8th January, 2015 in Criminal Miscellaneous No.316 of 2015.

Patna High Court Cr.Misc. No.51644 of 2014 (3) dt.03-03-2015 2/2 Learned counsel for the State has opposed the prayer for bail. He has submitted that it has come in course of investigation that Md. Rizwan Alam had handed over the stolen mobile set of the victim of the case to the petitioner.

Be that as it may, having regard to the facts and circumstances of the case, the petitioner named above is directed to 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 Railway Judicial Magistrate, Samastipur in connection with Samastipur Rail P.S. Case No.73 of 2012. (Ashwani Kumar Singh, J) Md.S./- U T