Chocha Mian @ Mukhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50166 of 2015 Arising Out of PS.Case No. -37 Year- 2011 Thana -KHAIRA District- JAMUI ====================================================== Chocha Mian @ Mukhtar Mian Son of Late Md. Azim Mian, Resident of Village - Sitmadih, P.S. Khaira, District Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Section 395 of the I.P.C.

As per the F.I.R., the allegation is that five unknown persons having armed in their hands forcibly entered into the house of the informant and snatched mobile phones and looted Rs.15,000/- cash and ornaments etc.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.3.2015 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. In course of investigation, a suspicion has been raised as the petitioner was seen in the vicinity

Patna High Court Cr.Misc. No.50166 of 2015 (3) dt.05-10-2016 2/2 in a suspicious condition, where the alleged occurrence had taken place. There is no recovery of any looted article from the possession of the petitioner. He has not been put on Test Identification Parade.

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 bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri U.K. Pandey, Judicial Magistrate, 1st class, Jamui in connection with Khaira P.S. case No.37 of 2011.

(Sudhir Singh, J) Narendra/- U T