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Patna High CourtCR. MISC./7287/2017bail granted

Anjar Alam And ANR v. The State Of Bihar

2017-03-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7287 of 2017 Arising Out of PS.Case No. -354 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Anjar Alam, Son of Late Ramjan Ali, Resident of Village-Fulkaha, Police Station -Jadidya, District-Supaul.

2. Sarfaraz Akhtar @ Guddu, Son of Md. Istihaque, Resident of VillageKanp Bazar, Ward No. 12, Police Station-Sour Bazar, District-Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in Madhepura P.S. Case No.354 of 2016 instituted for the offence under Section 392/34 of the Indian Penal Code.

The case is under Section 392 of the Indian Penal Code. The petitioners are not named in the written report. There is general allegation that one person wearing helmet took out a pistol from his waist and on the point of pistol took away Rs.50,000/- from the possession of the informant and thereafter all the four persons went away towards Madhepura on motorcycle. From the impugned order of the learned Sessions

Patna High Court Cr.Misc. No.7287 of 2017 (2) dt.01-03-2017 Judge, it appears that the name of petitioner no.1 has been disclosed by co-accused Sarfaraz Akhtar @ Guddu (petitioner no.2) in his confessional statement recorded before the police in paragraph 12 of the case diary. There is no recovery of any incriminating article from the possession of these petitioners. No T.I.P. has been held in the case till today. The petitioners are said to be in custody since 16.11.2016.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No.354 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) Arvind/- U T