Patna High CourtCR. MISC./42311/2017bail granted

Md. Shamshad And ANR v. The State Of Bihar

2017-09-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42311 of 2017 Arising Out of PS. Case No.-430 Year-2016 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Md. Shamshad, Son of Md. Yunus Rajmani, 2.

Rakesh Kumar @ Rakesh Kumar Yadav, Son of Sikandra Yadav, R/o Village- Fulkaha, P.S.- Zadiya, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj kumar, Advocate For the Opposite Party/s :

DR. RABINDRA KUMAR, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 392 of the Indian Penal Code and 25(1-b)2, 26 and 35 of the Arms Act.

Prosecution case, in brief, is that the accused persons entered into the shop of the informant by covering their faces by Helmet and looted away Rs.3,65,522/- on the point of pistol. It has been submitted on behalf of the petitioners that the petitioners are in custody since 17.7.2017. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are not named in the F.I.R. Their name has come on the confessional statement of co-accused. They have not been

Patna High Court Cr.Misc. No.42311 of 2017(2) dt.19-09-2017 2/2 put on T.I.P. It is further submitted that the petitioners may be released after completion of six months in custody from 17.7.2017.

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R. It is further submitted that the petitioners have got criminal antecedents.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail after completion of six months in custody from 17.7.2017 on furnishing bail bonds of Rs.10,000/- (Ten thousand) 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.430 of 2016.

(Sudhir Singh, J) Narendra/- U T