Md. Hanif @ Nepo @ Nepla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58620 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== MD. HANIF @ NEPO @ NEPLA S/o Late Mustakim Miyan @ Md. Mustakim Resident of Village- Bihat Ibrahimpur Tola, P.S.- Barauni, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 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 396 of the Indian Penal Code and 27 of the Arms Act.

Prosecution allegation, in short, is that the accused persons assaulted the husband of the informant with but of pistol and snatched his bag containing money and a mobile. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.1.2019. 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

Patna High Court CR. MISC. No.58620 of 2019(3) dt.19-11-2019 2/2 of the petitioner has transpired on the basis of confessional statement of co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. Other co-accused has been granted bail vide order dated 6.11.2019 passed in Cr. Misc. No. 50388 of 2019.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

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 Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 9/19.

(Sudhir Singh, J) Pankaj/- U T