Patna High CourtCR. MISC./4217/2015bail granted

Md. Mukhtar Ali @ Mukhtar Ali v. The State Of Bihar

2015-02-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4217 of 2015 Arising Out of PS.Case No. -19 Year- 2014 Thana -RAUTARA District- KATIHAR ======================================================

1. Md. Mukhtar Ali @ Mukhtar Ali Son of Aiyub Ali Resident of vill-Ali Nagar,P.S-Maranga,Distt.-Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate. For the Opposite Party/s : Mr. Gajendra Pd. Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard both sides.

The petitioner seeks bail in Rautara P.S. Case No. 19 of 2014, registered for the offence punishable under Section 395 of the Indian Penal Code. The petitioner is not named in the FIR. Learned counsel for the petitioner submits that the name of the petitioner figured in the case in the confessional statement of Mahboob Alam. The stolen deck was recovered from the possession of Mahboob Alam, but nothing has been recovered from the possession of the petitioner. The petitioner was not put on test identification parade. The co-accused Mahboob Alam has already been enlarged on bail vide order passed in Cr. Misc. No. 38081 of 2014 on 22.01.2015.

Having considered the facts aforesaid and the fact

Patna High Court Cr.Misc. No.4217 of 2015 (2) dt.02-02-2015 that the name of the petitioner figured in the case of the confessional statement of co-accused, but neither the petitioner was put on test identification parade nor any looted article was recovered from the possession of the petitioner, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Shri R.K. Mishra, the learned Judicial Magistrate, Ist Class, Katihar in connection with Rautara P.S. Case No. 19 of 2014.

(Prabhat Kumar Jha, J.) KKSINHA/- U T