Md. Ali @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64809 of 2019 Arising Out of PS. Case No.-613 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

Md. Ali @ Raja Son of- Aslam Mistry Resident of Village- Maheshpur, P. S.- Piyar, District- Muzaffarpur.

2.

Chandan Kumar @ Satrughan Kumar Son of - Garib Nath @ Garib Nath Gupta Resident of Village- Aghauriya Bazar (aamgola), P.S.- Kaji Muhammadpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 379 of the Indian Penal Code.

Allegedly, the Scorpio of the informant, parked outside the house, was found missing.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 29-12-2018. Charge sheet has already been submitted. The petitioners are not named in the FIR. Their name transpired in this case on the basis of confessional statement of co-accused. There is no

Patna High Court CR. MISC. No.64809 of 2019(2) dt.17-10-2019 2/2 recovery of any incriminating article from possession of the petitioner. They have not been put on test identification parade. On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Purnea Sadar Khajanchi Hatt P.S. Case No. 613 of 2018.

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