Azad Jat @ Ajaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22664 of 2018 Arising Out of PS.Case No. -61 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================
1. Azad Jat @ Ajaj Alam S/o Md. Kafeel, R/o Vill.- Dargahiganj, P.S.- Narpatganj, Distt.- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Mandal, Advocate For the Opposite Party/s : Smt Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 392 of the Indian Penal Code whereas cognizance has been taken under Section 395 of the Indian Penal Code.
The FIR of the occurrence of robbery is against unknown. The petitioner is in custody since 12.01.2018. Submission is that name of the petitioner surfaced only on the confessional statement of co-accused Sanjay Paswan who has already been allowed bail by a coordinate Bench of this Court vide Annexure-Annexure-2. Moreover, the informant has been examined during course of trial of some other co-accused.
Patna High Court Cr.Misc. No.22664 of 2018 (2) dt.23-04-2018 P2/ However, he did not identify any of the accused including Sanjay Paswan in whose confessional statement name of the petitioner has surfaced.
Considering the aforesaid fact, let the petitioner, above named, 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 the learned Court-below where the case is pending in connection with Narpatganj P.S. Case No.61 of 2017, with 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) Mkr./- U T