Mazahar Khan @ Bhodawa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9437 of 2016 Arising Out of PS.Case No. -413 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ====================================================== Mazahar Khan @ Bhodawa, Son of late Nizam Khan, resident of Mohalla: Islamganj, P.S: Dehri, District: Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Arvind Kr. Panday, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.10.2015 in connection with Dehri (Town) P.S. Case No. 413/15 for offences alleged under Sections 457, 380 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that after closing his shop he has gone to his house and after taking dinner went to sleep. In the night about 2.30-3.00 A.M. miscreants entered his house, open the lock of almirah and took away cash and ornaments.

It has been submitted by the learned counsel for the petitioner that he is innocent and not named in the First

Patna High Court Cr.Misc. No.9437 of 2016 (2) dt.29-02-2016 2/3 Information Report but on his confessional statement, which he confessed before the police after recovery of some silver articles, petitioner has been made accused. It has been contended by the learned counsel for the petitioner that no Test Identification Parade has been done, as such, the petitioner be enlarged on bail. Learned APP for the State, however, opposes the prayer for bail and submits that on his confessional statement the petitioner has been made accused.

Be that as it may, let 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 Judicial Magistrate 1st Class, Dehri, Rohtas, in connection with Dehri (Town) P.S. Case No. 413/15, subject to the following conditions :

i. One of the bailors will be the close relative of the petitioner.

ii. The petitioner will not indulge in similar or in any other offence.

iii. The petitioner will be well represented in the court.

iv. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail

Patna High Court Cr.Misc. No.9437 of 2016 (2) dt.29-02-2016 3/3 bond will be liable to be cancelled by the court concerned.

(Nilu Agrawal, J.) Rajesh/- U T