Raja Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41827 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Raja Khan Son of Hasan Imam Khan Resident of village - Saikhpura, Police Station Basantpur, District - Siwan .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Bhagwanpur Hat, P.S. Case No. 214 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code. Allegedly, by four unknown miscreants amount of Rs. 4,10,520/- was looted from North Bihar Gramin Bank, Sakri Bazar and during investigation the petitioner and other co-accused were arrested and they confessed their guilt regarding their involvement in the present case also.

Submission is of false implication and that the petitioner is suffering in custody since 15.12.2015 but he has not put on test identification parade, the seized amount does not have mark of identification to show that the seized cash were /was looted property of the present case, having more or less similar

Patna High Court Cr.Misc. No.41827 of 2016 (2) dt.06-10-2016 2/2 allegation co-accused Shatrughan Singh, Kanhaiya Kumar Rai and Arman Ali have been allowed bail and the petitioner is suffering in custody.

The learned A.P.P. fairly submits that co-accused have been allowed bail by another co-ordinate Bench of this Court vide annexure-2 series.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the Learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hat P.S. Case No. 214 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) siddharth/avinU T