IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36258 of 2010
MD.SHAMIM son of Mustafa, resident of village-
Pathraha, P.S.-Ghurna, Dist.-Araria
Versus
THE STATE OF BIHAR
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5. 2.2.2011. Heard, Mr. Ramesh Kumar Singh, learned counsel
for the petitioner as well as learned Additional Public Prosecutor for
the State.
The petitioner, who is in custody in connection with
Jogbani P.S.Case No.43 of 2009 for the offence under section 392 of
the Indian Penal Code, has prayed for grant of bail.
The petitioner’s name in this case has surfaced on
the basis of confession of co-accused, Md.Tabrez. On disclosure
made by co-accused, Md.Tabreza, looted motorcycle was recovered.
Learned counsel for the petitioner submits that
Md.Tabrez has been extended privilege of bail by this court on
27.10.2010 vide Cr.Misc. No.30694 of 2010.
Since co-accused, on whose confession the petitioner
was made accused, has already been directed to be released on bail ,
there is no reason to deny the privilege of bail to the petitioner.
Let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.10,000/- with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate, Ararai
in connection with Jagbani P.S.Case No.43 of 2009 with a condition
that if at subsequent stage the petitioner is made accused in the same
type of offence, his bail bond in the present case shall stand
automatically cancelled.
Md.S. ( Rakesh Kumar, J.)
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