Akhtar Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59929 of 2019 Arising Out of PS. Case No.-254 Year-2018 Thana- SISWAN District- Siwan ====================================================== Akhtar Miyan S/o Kinu Rain R/o village- Kishunbari, P.S.- Siswan, DistrictSiwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 395 & 397 of the Indian Penal Code. Prosecution case in short is that the accused persons having variously armed entered house of the informant and committed dacoity in his house.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 08-01-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. He

Patna High Court CR. MISC. No.59929 of 2019(2) dt.24-09-2019 2/2 has not been put on test identification parade. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let 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 Chief Judicial Magistrate, Siwan in connection with Siswan P.S. Case No. 254 of 2018.

(Sudhir Singh, J) A.K.V.//- U T