Gulam Mustafa @ Naim @ Naima v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62299 of 2021 Arising Out of PS. Case No.-120 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== 1.
GULAM MUSTAFA @ NAIM @ NAIMA Son of Md. Mumtaj Sah @ Md. Mumtaj Fakir Resident of Village - Basuani, P.S.- Rajnagar, District - Madhubani 2.
Kishore Kumar Das Son of Raghuvir Das @ Raghuveer Das Resident of Village - Basuani, P.S.- Rajnagar, District - Madhubani 3.
Rishi Kumar Paswan Son of Madhav Paswan Resident of Village - Bhatsimar, P.S.- Rajnagar, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abu Nasar, Advocate For the Opposite Party/s :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.
The petitioners have preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.
As per the prosecution case, the three accused persons on the point of pistol looted the informant of Rs. 35,000/- and two mobile phones.
It is submitted by learned counsel for the petitioners that FIR was registered against unknown. Referring to the order of the learned trial Court rejecting the application for bail of the petitioners it is submitted that for the alleged recovery of the
Patna High Court CR. MISC. No.62299 of 2021(2) dt.12-04-2022 2/2 stolen articles from the possession of the petitioners, Rajnagar P.S. Case no. 126 of 2021was registered and on the basis of the so called confessional statement given by petitioner no. 1 before police in the said case, the three petitioners have been remanded in the instant case. Contrary to the allegation no incriminating article has been recovered from the petitioners' possession who inspite of being in custody since 20.4.2021 have not been put on T.I. Parade. Charge sheet has been submitted in the case. Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners not having been put on T.I.
Parade inspite of being in custody for more than 11 months and charge sheet having been submitted in the case, the Court directs the above three petitioners to be enlarged on bail in connection with Rajnagar P.S. Case no. 120 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Madhubani.
(Partha Sarthy, J) Prakash/- U