Md. Kaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5297 of 2021 Arising Out of PS. Case No.-12 Year-2020 Thana- CHACKMEHSI District- Samastipur ====================================================== MD. KAISAR S/O MD. SALLAUDDIN Resident Of Village - kalyanpur, P. S. - Kalyanpur, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Chakmehsi P.S. Case no. 12 of 2020 registered under section 392 of the Indian Penal Code. As per allegation in the FIR, the informant who works in a Financial Insurance Company states that four accused persons armed with pistol entered his office premises and on the point of pistol looted Rs.17.35 lacs besides other articles. It is stated that the CCTV camera was not working. A description of the accused persons were given.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in course of investigation. No incriminating article has been recovered from his

Patna High Court CR. MISC. No.5297 of 2021(4) dt.22-06-2021 2/2 possession. He has not been put on T.I. parade and is in custody since 10.9.2020.

The application for bail is opposed by learned APP for the State.

Pursuant to the order of this Court, an affidavit has been filed by the Investigating Officer of the case wherein he states that the informant was not ready to participate in the T.I. parade. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for over 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Chakmehsi P.S. Case no. 12 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Samastipur.

(Partha Sarthy, J) Spd/- U