Md. Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72367 of 2019 Arising Out of PS. Case No.-179 Year-2019 Thana- KASBA District- Purnia ====================================================== 1.

MD. SUBHAN Son of Abdul Rajjak Resident of Village-Barsauni, P.S.- Sadar, District-Purnea.

2.

Md. Shahnawaz @ Budhwa @ Md. Shahnvaz Son of Late Wahid @ Nahid Resident of Village-Pokhariya, P.S.-Muffasil, Ranipatra, District-Purnea. 3.

Masrail @ Maisraile @ Md. Masraile Son of Rashid Resident of VillageBasantpur, P.S.-Sadar, District-Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2020 Petitioners seek regular bail in connection with Kasba P. S. Case No. 179 of 2019 registered for the offence punishable under Sections 399 and 402 of IPC and Sections 25(1-b)a and 35 of the Arms Act.

As per prosecution case, the police on information of preparation of dacoity, raided the place of occurrence and arrested petitioners and other accused persons. Submission of the learned counsel for the petitioners is that nothing has been recovered from their possession and named of petitioner no.3 transpires in the confessional statement of the accused persons. They have no criminal antecedent. They

Patna High Court CR. MISC. No.72367 of 2019(2) dt.13-01-2020 2/2 are in custody for months. Charge sheet has already been submitted, as such there is no chance of tampering with the evidence.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M., Purnea, in connection with Kasba P. S. Case No. 179 of 2019, subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T