Patna High CourtCR. MISC./50522/2018bail granted

Md. Sharique @ Sharique v. The State Of Bihar

2018-09-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50522 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Md. Sharique @ Sharique S/o Md. Sahid, R/o Mohalla- Purabsarai, P.S.- Kotwali, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha For the Opposite Party/s :

Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 395, 397 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Prosecution case, in short, is that the accused persons entered into the house of the informant and assaulted him and his family members and looted their belongings. It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.5.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The F.I.R. is against unknown. The name of the petitioner has transpired on the basis

Patna High Court Cr.Misc. No.50522 of 2018(2) dt.14-09-2018 2/2 of confessional statement of co-accused namely Md. Taslim. No incriminating article is alleged to have been recovered from the conscious possession of the petitioner nor the petitioner has been put on T.I.P. to ascertain his implication in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The name of the petitioner has transpired in course of investigation.

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, Gaya in connection with Kotwali P.S. Case No. 207 of 2018.

(Sudhir Singh, J) Pankaj/- U T