Md. Mustkim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 51651 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- PIPRA District- Supaul ====================================================== MD MUSTKIM, aged about 40 years, Male, Son of late Mohmadudin, Resident of Village - Matkuriya, Police Station - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Kritya Nand Jha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 01-10-2019 Heard learned counsel for the petitioner and the learned APP.

Petitioner seeks bail in a case registered under Section 392 of Indian Penal Code.

Petitioner's counsel submits that the allegation against the petitioner is that he was one amongst the several persons who surrounded the informant's car on four motorcycles and looted the amount of Rs 4,29,000/- from the informant. First Information Report is against unknown. It is on basis of statement of co-accused Suraj Kumar Ram that the petitioner has been implicated in this case. He has not been put on Test Identification Parade and there is no recovery and that he is in custody since 16.02.2019.

Learned APP opposed the prayer for bail. He submits that three cases of similar nature are pending against the petitioner from before.

Patna High Court CR. MISC. No.51651 of 2019(3) dt.01-10-2019 2/2 Petitioner's counsel clarifies that he was made an accused in Pipara Police Station Case No 20 of 2019 after he was arrested in the instant case. Otherwise also, he is on bail in all the three cases.

Having considered the submission, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Supaul in Pipra Police Station Case No 18 of 2019 corresponding to GR No 115 of 2019 with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T