This order grants bail to the petitioner, an accused in an attempt to rob case, directing him to furnish a bond of Rs. 10,000 with two sureties, one being a relative.
Release on bail on furnishing bond of Rs. 10,000 with two sureties, one being a parent or close relative.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35223 of 2013
===================================================== Md. Quamrul Haque, son of Md. Naushad Ali, resident of village-Joka Jalmarai, P.S. Sadar, District-Purnea. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 2 21-08-2013 Heard learned counsel for the petitioner and the
Heard learned counsel for the petitioner and the
learned A.P.P. for the State.
The petitioner is accused in Suppl. Sadar P.S. Case No.377 of 2012 registered under Sections 395 and 397 of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. itself that the petitioner is not named in the F.I.R. as in the fardbeyan the informant has disclosed the name of Ibne Hasan. Later on, the name of the petitioner has transpired in the confessional statement of the co-accused, Md. Taufique, and the statement of one witness, Quasim Raza. It is further submitted that nothing has been recovered from the possession of the petitioner. The petitioner having no criminal antecedent is in custody since 29.12.2012. It is further submitted that while the informant has claimed to have
Patna High Court Cr.Misc. No.35223 of 2013 (2) dt.21-08-2013 2/2
identified the culprit but the petitioner has not been put on T.I. Parade.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Adhoc Additional Sessions Judge-3, Purnia, in connection with Sessions Trial No.106 of 2013 with 484 of 2013, arising out of Sadar P.S. Case No.377 of 2012. Out of the two sureties, one surety must be either parents or close relative of the petitioner.
(Rajendra Kumar Mishra, J)
P.S./-
1 issue framed by the court
Whether the petitioner is eligible for release on bail in a charge under Sections 395 and 397 of the Indian Penal Code.
Md. Quamrul Haque
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
