Allowed

Md. Habib Miyan @Habib Miyan @ Habiya v. The State Of Bihar

Patna HC5 Sept 2018CR. MISC./41762/2018

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a robbery case after observing he was in custody for a significant period with no decoy evidence recovered, allowing release upon furnishing a bond and two sureties.

What did the court decide?

Released on bail by furnishing a bond of Rs.20,000 with two sureties of the like amount each, subject to territorial jurisdiction and cooperation with investigation.

Md. Habib Miyan @Habib Miyan @ Habiya Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.41762 of 2018

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Arising Out of PS.Case No. -420 Year- 2012 Thana -MAHUA District- VAISHALI(HAJIPUR)

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====================================================== 1. Md. Habib Miyan @Habib Miyan @ Habiya S/o Late Sakil Miyan, R/o Vill.- Moudahchatur, P.S.- Patepur, Distt.- Vaishali.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Ghanshyam Choudhary,Adv For the Opposite Party/s : Mr. Mr. Manoj Kumar, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER

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2 05-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner seeks bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

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The FIR of the occurrence of robbery is against unknown.

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Submission is that the petitioner is in custody since 01.02.2013. Nothing was recovered from possession of the petitioner nor the petitioner was ever put on T.I. Parade during investigation of the case. Only material is suspicion and criminal antecedent of the petitioner.

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Considering the nature of material and period already undergone, let the petitioner, above named,

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Patna High Court Cr.Misc. No.41762 of 2018 (2) dt.05-09-2018

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2/2

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be released on bail on furnishing bail bond of Rs.20,000/(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mahua Police Station Case No.420 of 2012, G.R.No.4293 of 2012, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

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(Birendra Kumar, J)

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Nitesh/-

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U T

Md. Habib Miyan @Habib Miyan @ Habiya v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Md. Habib Miyan @Habib Miyan @ Habiya v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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