Izhar Khalifa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5147 of 2020 Arising Out of PS. Case No.-244 Year-2019 Thana- PALASI District- Araria ====================================================== Izhar Khalifa S/O Yousuf Khalifa Resident of Village - Kaliyaganj, Ward No.- 12, P.S.- Palasi, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-05-2020 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 registered under Section 392 of the Indian Penal Code.

Prosecution case in short is that while the informant after collecting money from customers was returning, in the way, he was snatched away Rs. 94610/- and a Samsung Mobile. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-07-2019. Charge sheet has already been submitted. Allegedly, Rs. 2000/- and a mobile are said

Patna High Court CR. MISC. No.5147 of 2020(3) dt.28-05-2020 2/2 to have been recovered from possession of the petitioner. The same belongs to the petitioner. The petitioner is not named in the FIR. There is no recovery of any incriminating article from possession of the petitioner. The petitioner was not put on test identification parade. On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid 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, Araria in connection with Palasi P.S. Case No. 244 of 2019, G.R. No. 2676 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) A.K.V.//- U T