Shamsher Alam @ Md. Shamshad @ Md. Shamsher v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46307 of 2018 Arising Out of PS.Case No. -402 Year- 2017 Thana -MINAPUR District- MUZAFFARPUR ======================================================
1. SHAMSHER ALAM @ MD. SHAMSHAD @ MD. SHAMSHER Son of Md. Alimuddin resident of Village - Meenapur, P.S.Meenapur, District Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 Heard the parties.
Petitioner seeks bail in Minapur P.S.Case No.402 of 2017 registered for the offences under Sections 461, 379, 427 of the I.P.C.
Allegation against the petitioner is of theft of A.T.M. but his name transpires on the basis of confessional statement of coaccused. Submission of the learned counsel for the petitioner is that except confessional statement there is nothing against him. Though he is accused in three cases he is on bail. He is in custody since 7.2.2012.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.46307 of 2018 (3) dt.13-09-2018 2/2 circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions Judge-cum-Special Judge, Pocso Act, Muzaffarpur, Minapur P.S. Case No.402 of 2017 subject to the conditions that
(1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the disposal of the case and make himself available as and when required by the court, otherwise, the prosecution is free to move for cancellation of his bail bond.
(Vinod Kumar Sinha, J) AnilKrSinha/- U