Patna High CourtCR. MISC./52836/2019bail granted

Md. Samir Mian @ Md. Sameer @ Sabir @ Prawej @ Budhna v. The State Of Bihar

2019-08-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 52836 of 2019 Arising Out of PS. Case No.-229 Year-2017 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Md. Samir Mian @ Md. Sameer @ Sabir @ Prawej @ Budhna Son of Md. Sultan @ Rezwan Alam Permanent Resident of Village - Alipur Bihta, P.S.- Salimpur, District- Patna, At present residing at Mohalla - Ajibahar Ward No.- 29, P.S.- Bihar Sharif, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Sharma, Advocate For the Opposite Party/s :

Mr.Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-08-2019 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. Later on converted under Section 395 of the Indian Penal Code. The FIR of the occurrence of theft in running train is against unknown. Petitioner was remanded in this case from some other case and is in custody since 16.05.2018. Submission is that nothing incriminating was recovered from the possession of the petitioner nor he was put on Test Identification Parade during investigation. Considering the aforesaid submission, let the

Patna High Court CR. MISC. No. 52836 of 2019(2) dt.29-08-2019 2/2 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 Sessions Trial No.106 of 2019, arising out of Bakhtiarpur G.R.P.S. Case No.229 of 2017, 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 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