Md. Tarjan @ Md. Sahanawaz v. The State Of Bihar

Patna High Court Cr.Misc. No.2590 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2590 of 2017 Arising Out of PS.Case No. -11 Year- 2014 Thana -MADANPURA District- AURANGABAD ====================================================== Md. Tarjan @ Md. Sahanawaz, son of Md. Haffiz, resident of MohallaGaiwal Bigha, near Munni Masjid, P.s. Rampur, District- Gaya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Madanpur P.S. Case No. 11 of 2014 registered for the offences punishable under Sections 461, 379, 411 of the Indian Penal Code. Allegedly, in the shop of the informant theft of mobile and other electronic articles was committed and later on the Police seized the theft mobile sets from a tempo in which Vijay Yadav was found sitting and he confessed his guilt disclosing the name of the petitioner.

It is submitted that besides confession there is no other material against the petitioner which is evident from the impugned order itself. Vijay Yadav has already been allowed bail vide Cr. Misc. No. 2352 of 2016 and he has also got criminal antecedent

Patna High Court Cr.Misc. No.2590 of 2017 (2) dt.14-02-2017 and as such the petitioner deserves sympathetic consideration. Learned APP fairly submits that co-accused Vijay Yadav has been allowed bail by a coordinate Bench of this Court. 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 each to the satisfaction of the learned A.C.J.M. VI, Aurangabad in connection with Madanpur P.S. Case No. 11 of 2014, subject to the conditions that one of the bailors must be a 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) avin/- U T