Kiyamuddin Mian @ Kiyamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4340 of 2018 Arising Out of PS. Case No.-62 Year-2015 Thana- SIWAN CITY District- Siwan ====================================================== KIYAMUDDIN MIAN @ KIYAMUDDIN S/o Bhikhu Mian @ Alam Gir, R/o Mohalla- Hospital More Siwan, P.S.- Siwan Town, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. SIR PRAMOD KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Siwan Town P.S. Case No. 62 of 2015 registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant Rakesh Kumar Choudhary has lodged Siwan Town P.S. Case No. 62 of 2015 against unknown persons. It has been alleged by the informant that while he was going towards his quarter at about 11:30 pm, three unidentified persons armed with pistol stopped him and

Patna High Court Cr.Misc. No.4340 of 2018(2) dt.13-02-2018 2/3 snatched articles worth Rs. 1,70,000/-, which included one golden chain, one golden ring, one laptop two wrist watches and two mobile phones with cash Rs. 7000/-. He claim that he can identify the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR and till date no TIP has been conducted. Petitioner has been arrested only on the basis of suspicion and except his own confession, there is no incriminating material against him. It has been further submitted that nothing has been recovered from the possession of the petitioner. Similarly situated co-accused person Md. Akhlakh @ Md. Aklakh has been granted bail by a co-ordinate bench of this Court vide order dated 18.08.2015 passed in Criminal Miscellaneous No. 32696 of 2015. Petitioner is in custody since 14.08.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with B.P No. 1068 of 2017 arising out of Siwan Town P.S.

Patna High Court Cr.Misc. No.4340 of 2018(2) dt.13-02-2018 3/3 Case No. 62 of 2015.

(S. Kumar, J) ranjan/- U