Md Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67039 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== MD SHAMSHAD Son of Late Yasin Resident of Village - Khaira Garhia, P.S.- Narpatganj, Distt.- Araria, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1208 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== MD. SAJJAD Son of Late Safique @ Safid Resident of Village - Khaira, Gariha, P.s.- Narpatganj, Distt.- Araria.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 67039 of 2021) For the Petitioner/s :

Mr.Prabhat Ranjan For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP (In CRIMINAL MISCELLANEOUS No. 1208 of 2022) For the Petitioner/s :

Mr.Arun Kumar Mandal For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2022 Heard the learned counsel for the petitioners and the learned APP for the State in both the bail aplications. The petitioners have preferred this application for grant of regular bail in connection with Narpatganj P.S. Case No. 69 of 2021, registered under sections 341, 323, 325, 406, 420, 120B and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.67039 of 2021(3) dt.27-04-2022 2/3 As per the prosecution case, it is stated by the informant that he is a resident of Nepal and he was taken by the accused persons to purchase gold. On seeing the gold biscuits, he mentioned that the same were fake on which it is stated that the five accused persons beat him up and took away his bag containing Rs. 5 lakhs in cash which he had got to purchase the gold.

It is submitted by learned counsel of the petitioners that the petitioners are not named in the FIR. Their name transpired in course of investigation in the statement of spy. In spite of both the petitioners having been taken into custody on 16.09.2021, they have not been put on T.I. Parade nor any incriminating article has been recovered from their possession. Investigation in the case is complete.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in the course of investigation, the petitioners not having been put on T.I. Parade inspite of being in custody for 7 months and chargesheet having been submitted in the case, both the petitioners are directed to be enlarged on bail in connection with Narpatganj P.S. Case No. 69 of 2021 on each of them furnishing bail-bond

Patna High Court CR. MISC. No.67039 of 2021(3) dt.27-04-2022 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria.

(Partha Sarthy, J) sanjeev/- U T