Sk. Mahir @ Md. Mahir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83671 of 2019 Arising Out of PS. Case No.-175 Year-2019 Thana- PRANPUR District- Katihar ====================================================== SK. MAHIR @ MD. MAHIR Son of Sk. Aabid R/O- Dighaunch, P.S.- Pranpur, Distt.- Katihar ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code. Prosecution allegation, in short, is that after breaking open the door, the accused persons looted cash amount, ornaments, electronic items of the house and fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.09.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been

Patna High Court CR. MISC. No.83671 of 2019(4) dt.05-06-2020 2/2 submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of his self confession made before the Police. The recovery of Rs. 20,000/- from the brother-in-law of the petitioner is claimed by his brother-in-law. The same is not looted amount. The petitioner has not been put on T.I.P. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, is directed to be released on bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No. 175 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T