High Court of Patna granted bail to Md. Thir @ Md. Taahir in a dacoity case, noting lack of identification by others and release of a similarly situated co-accused on bail.
Petitioner directed to be released on bail on execution of bond of Rs. 10,000/- with two sureties subject to conditions.
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Patna High Court Cr.Misc. No.35432 of 2014 (2) dt.27-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35432 of 2014
Arising Out of PS.Case No. -78 Year- 2013 Thana -KADWA District- KATIHAR ====================================================== Md. Thir @ Md. Taahir son of Lerdhu Mastan, R/o village- Dhapersia, P.S.Kadwa, District- Katihar .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 27-08-2014 Heard learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in connection with Kadwa P.S. Case No. 78 of 2013 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.
Allegedly, on the alleged date of occurrence dacoity was committed in several houses and one of the victims, namely, Lalit Sah had claimed to identify the petitioner and Md. Kaishar Alam.
Submission at the bar for release of the petitioner is that admittedly, Lalit Sah, informant and the petitioner are covillagers and except Lalit Sah, no one has claimed to identify the petitioner committing the alleged crime. Nothing has been
recovered from the house of the petitioner, the petitioner is
Patna High Court Cr.Misc. No.35432 of 2014 (2) dt.27-08-2014
suffering in custody since 23.5.2014 having no criminal antecedent and similarly situated co-accused Md. Kaisar Alam has already been enlarged on bail by another Bench of this Court vide Cr. Misc. No. 33426 of 2013.
In the facts and circumstances as stated above, the petitioner Md. Thir @ Md. Taahir is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Kadwa P.S. Case No. 78 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner charged with offences of dacoity and robbery under IPC Sections 395 and 397.
1 provisions across 1 enactments
Md. Thir @ Md. Taahir
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
