Patna High CourtCR. MISC./54395/2019bail granted

Md. Ismail v. The State Of Bihar

2019-08-30Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54395 of 2019 Arising Out of PS. Case No.-54 Year-2017 Thana- GHOGHARDIHA District- Madhubani ====================================================== MD. ISMAIL Son of Late Suleman Resident of Village - Bela Sijar Moti, P.S.- Nirmali, Dist.- Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 394 of the Indian Penal Code. Prosecution allegation, in short, is that the motorcycle of the informant was looted by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.9.2017. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of coaccused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put

Patna High Court CR. MISC. No.54395 of 2019(2) dt.30-08-2019 2/2 on T.I.P. The petitioner has remained in custody for 23 months. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The petitioner has got criminal antecedents.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Jhanjharpur in connection with Ghoghardiha P.S. Case No. 54 of 2017.

(Sudhir Singh, J) Pankaj/- U T