Md. Islam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42859 of 2013 ====================================================== 1. Md. Islam S/O Late Nabi Jan Resident of Village- Mauwhahi, P.S. Raj Nagar, District- Madhubani .... .... Petitioner Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar Jha, Advocate. For the Opposite Party : Mr. Arvind Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER 2 02-01-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks bail in a case which has been registered against 10 – 12 unknown under Section 395 of the IPC regarding dacoity in the house, wherein it was alleged that household articles and ornaments were taken away. Submission is that the petitioner is not named in the FIR, has not been put on test identification parade and no part of looted article has been recovered from him. It has further been submitted that Shiv Shankar Sah @ Shankar Sah and Sushil Kumar Mahto have been granted bail on 30.10.2012 and 7.12.2012 in Cr. Misc. No. 38726 of 2012 and Cr. Misc. No. 42421 of 2012 respectively.

Patna High Court Cr.Misc. No.42859 of 2013 (2) dt.02-01-2014

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Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned IInd Additional Sessions Judge, Madhubani in connection with Sessions Trial No. 345 of 2013, arising out of Benipatti P.S. Case No. 62 of 2012.

(Shyam Kishore Sharma, J.)

KKSINHA/-