Md. Shakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18588 of 2016 Arising out of PS.Case No. -92 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Shakir, Son of Late Masleuddin, resident of village - Gamahariya, Police Station Jokihat, District - Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukesh Kumar Rana, Advocate. For the Opposite Party : Mr. B.M.P.Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 08.03.2016 in connection with Araria ( Bairgachhi) P.S. Case No. 92 of 2016 for the offences instituted under Section 392 of the IPC. The prosecution story, in brief, is that when the informant was going to deposit the amount of Rs. 1,32,650/- in the bank with his motorcycle, three persons on a motorcycle chased and intercepted him and at the point of pistol, the miscreants took away the motorcycle alongwith the cash and mobile phone. During course of investigation, the police obtained call detailed report and the name of this accused came to light and on the basis of confessional statements of the co-accused persons, the looted

Patna High Court Cr.Misc. No.18588 of 2016 (3) dt.25-05-2016 2/2 motorcycle was recovered from the house of this accused. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 08.03.2016 and the charge sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The petitioner has not been put on T. I. Parade. From perusal of the seizure list, it is evident that the alleged motorcycle has not been recovered from the house of the petitioner.

On behalf of the State it has been submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, 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 the learned C.J.M., Araria, in connection with Araria (Bairgachhi) P.S. Case No. 92 of 2016. U.K./- (Sudhir Singh, J) U T