Md. Danish Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42847 of 2015 Arising out of PS.Case No. -151 Year- 2015 Thana -KASBA District- PURNIA ====================================================== Md. Danish Alam, S/o Md. Dawood Alam, resident of Village - Millat Nagar, P.S. & District - Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Kumar Mallick, Advocate. For the Opposite Party : Mr. Suman Kri Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is languishing in custody since 16.07.2015 in connection with Kasba P.S. Case No. 151 of 2015 for the offences instituted under Section 392 of the IPC. Later on Section 411 I.P.C. was also added.

The prosecution story, in brief, is that the informant Abhishek Gautam resides at Purnea and he works in Jagdamba Agro Mill at Garhbanaili and he used to up and down from there. On 21.06.2015 after closing his work in the evening, the informant proceeded for Purnea by his Motorcycle bearing Registration No. BR-01-CD-6515 and on the way near Kasba, three miscreants came on a Motorcycle and stopped him. Then the miscreants

Patna High Court Cr.Misc. No.42847 of 2015 (3) dt.09-11-2015 2/2 forcibly snatched the informant's Motorcycle and one Bag containing two Mobile Phones having three SIMs bearing Nos. 7488235654, 7070993955, 8409055080, one purse containing Rs. 2000/- cash and some papers of the Company.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is in custody since 16.07.2015 and the charge sheet has been submitted in the case. There is no allegation of tampering of the evidence against the petitioner. The petitioner is not named in the FIR. No TIP has been conducted to ascertain the implication of this petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State it has been submitted that the name of the petitioner has come in course of investigation. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea, in connection with Kasba P.S. Case No. 151/2015. U.K./- (Sudhir Singh, J) U T