Asif @ Chelwa @ Asit v. The State Of Bihar

Patna High Court Cr.Misc. No.22086 of 2018 (2) dt.17-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22086 of 2018 Arising Out of PS.Case No. -46 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Asif @ Chelwa @ Asit, Son of Md. Zafir, a resident of Mohalla- Haji Harman Colony, P.S.- Phulwari Sharif, District- Patna..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-04-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 26.11.2017, seeks bail in Phulwari Sharif PS Case No. 46 of 2016 registered under Section 395 of the IPC.

The allegation in brief is that some unknown miscreants including an auto driver looted the informant, a passenger. Learned Counsel for the petitioner submits that the FIR is against unknown, after one and half years of the occurrence the petitioner was apprehended merely on confessional statement of coaccused Imran, neither any looted material has been recovered from his possession nor he was put on TIP, the investigation is complete, moreover co-accused Imran has been granted bail by a coordinate Bench of this Court as the mobile recovered from his possession did not match with the description of the looted mobile. Having considered the said facts and circumstances, the petitioner, namely, Asif @ Chelwa @ Asit is directed to 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 ACJM XVth Patna in connection with Phulwari Sharif PS Case No. 46 of 2016. Snkumar/- (Arun Kumar, J) U T