Shams Alam Alias Shams Zafar Alias Md Shams Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6906 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- POTHIYA District- Kishanganj ====================================================== SHAMS ALAM ALIAS SHAMS ZAFAR ALIAS MD SHAMS ZAFAR SON OF LATE ANS ZAFAR @ AHSANUL MUJAFFAR R/O VILLAGE- PIPAL TORA KUTTI, P.S.- ANGARDH, DISTRICT- PURNEA.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offence punishable under Section 392 of the I.P.C. Petitioner is not named in the FIR of the occurrence of robbery. Name of the petitioner surfaced in the confessional statement of co-accused while in the police custody. Submission is that confessional statement has been extracted as the petitioner is carrying criminal antecedent. Petitioner was never put on test identification parade nor any incriminating article was recovered from his possession. Petitioner is in custody since 11.06.2020.

Considering lack of sufficient material against the petitioner in this case, let the petitioner, above named, be

Patna High Court CR. MISC. No.6906 of 2021(3) dt.22-06-2021 2/2 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 Pothia P.S. Case No. 42 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) 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. (c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) shahzad/- U T