Md. Sahid v. The State Of Bihar

Patna High Court Cr.Misc. No.20999 of 2016 (3) dt.30-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20999 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Md. Sahid S/o Md. Bedana @ Md. Rasid, Resident of village- Kharhara, Police Station- Barahat (Banka), District- Banka..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Damodar Pd. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-06-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Banka (Baahat) P.S. Case No. 65 of 2016 registered for the offences punishable under Sections 394 and 302 of the Indian Penal Code. The petitioner is not named in the first information report. During investigation his name transpired in the statement of witness Shankar Kumar Jha the another truck driver by seeing the album kept at the Police Station who identified the photo of the petitioner and one another that they were involved in the road robbery at the time of occurrence. Further the petitioner confessed his guilt also.

Submission is of false implication and that the petitioner is in custody since 08.02.2016 but he has not been put on test identification parade, only on the basis of alleged

Patna High Court Cr.Misc. No.20999 of 2016 (3) dt.30-06-2016 identification he is suffering in custody, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP opposes the prayer of bail.

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 Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 65 of 2016, 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