Md. Kalim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49021 of 2017 Arising Out of PS. Case No.-144 Year-2012 Thana- MAHESI District- East Champaran ====================================================== Md. Kalim, Son of Md. Waish @ Uwaish, Resident of Village- Khairwa Lahladpur, P.S.- Madhuban, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma For the Opposite Party/s :
Mr. SRI RAM NARESH RAY ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State.
Petitioner seeks bail in Mehsi P.S. Case No. 144 of 2012 for the offence punishable under Section 395 of the Indian Penal Code.
FIR has been instituted on the basis of written statement of one businessman Prem Kishore, who has stated that he do the business of Litchi in U.P. and Bihar. On 28.05.2012, when he in the night was sitting with other businessmen then in the night at about 2:00 am some unknown and unidentified miscreants entered their room and took away cash, wrist watch and mobiles from their possession. On the basis of such statement FIR was drawn against unknown and during investigation the name of the petitioner transpired in
Patna High Court Cr.Misc. No.49021 of 2017(2) dt.17-10-2017 2/2 confessional statement of co-accused Lal Babu Prasad. It has been further submitted that except the confessional statement there is no incriminating material against the petitioner and nothing has been recovered from the conscious possession of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mehsi P.S. Case No. 144 of 2012. (S. Kumar, J) ranjan/- U