Rafikul Islam @ Rafikul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74673 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.

RAFIKUL ISLAM @ RAFIKUL, aged about 36 years, Male, Son of Shekh Diljan, Resident of Village-Bhatia Para Gayeshpur, P.S.-Karandighi, District-Uttar Dinajpur (W.B.) 2.

Sheikh Hassan @ Shekh Hassan, aged about 19 years, Male, Son of Shekh Bhelasu @ Sekh Bhelasu, Resident of Village-Bhatia Para Gayeshpur, P.S.- Karandighi, District-Uttar Dinajpur (W.B.) ... Petitioners

Versus

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

For the Petitioners :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-03-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek bail in connection with Bahadurganj P.S. Case No. 179 of 2019, registered under Section 392 of the Indian Penal Code.

Submission is that on the basis of the fardbeyan of the informant, Atik Ahmad, Bahadurganj P.S. Case No. 179 of 2019 was instituted under Section 392 of the Indian Penal Code on 18.06.2019 against four unknown persons. In course of investigation, the names of the petitioners surfaced in the confessional statement of one Zamirul Islam, thereafter, petitioners were apprehended in this case and remanded in this

Patna High Court CR. MISC. No.74673 of 2019(3) dt.17-03-2020 2/2 case on 19.08.2019.

Further submission is that while the informant has detailed the physique of the culprits and claimed to identify them, but, the petitioners have not been put on test identification parade for identification while they are in custody since 19.08.2019.

Having regard to the facts and circumstances of the case, let the petitioners, above named be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Bahadurganj P.S. Case No. 179 of 2019 to the satisfaction of the Chief Judicial Magistrate, Kishanganj, subject to the condition that out of two bailors, one must either be parent or close relative of each of the petitioners.

(Rajendra Kumar Mishra, J) Shamshad/- U T