Shams Jafar @ Thams Zafar @ Md. Shams Zafar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11293 of 2019 Arising Out of PS. Case No.-633 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== Shams Jafar @ Thams Zafar @ Md. Shams Zafar son of Late Asanul Jafar @ Ashanul Muzaffar Resident of Village- Pipoltora, Ward No. 12, P.S.-Angarh, District- Purnea ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No.633 of 2018 registered under Sections 401 and 414/34 of the Indian Penal Code.

The accusation is that on receiving secret information about gathering of some persons with 3-4 stolen motorcycles to commit the crime , the informant along with other police officials reached near Pinki Panel Factory, situated on the road to Singhia. On seeing the police vehicle, some persons on two motorcycles, and some persons on foot started to flee away. On chase, five persons along with one Scooty and one Kawasaki Motorcycle were apprehended. The apprehended persons disclosed their name as Faizan Mustafa alias Abid, Shyamnand Ram alias Sonu, Sahnawaz

Patna High Court CR. MISC. No.11293 of 2019(3) dt.17-05-2019 2/2 Jafar, Saud Jafar and Salim Azhar and they also disclosed the name of 7 persons including the name of the petitioner, who succeeded to flee away. On query, the apprehended persons could not show any paper regarding the ownership of the motorcycle and scooty. Learned counsel for the petitioner submits that the name of the petitioner has been disclosed by 5 persons, who are said to be apprehended by the police with stolen motorcycle and scooty. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged 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 Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No.633 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T