Md. Afroj @ Md. Afroj Ansari @ Nanki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.815 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -TEGHRA District- BEGUSARAI ====================================================== Md. Afroj @ Md. Afroj Ansari @ Nanki, Son of Md. Zahir Ansari, Resident of Village- Ram Sahaichhapra, P.S.- Minapur, DistrictMuzaffarpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Raj Kumar Sinha For the Opposite Party : Mr. T.N.Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned A.P.P representing the State.

The petitioner seeks bail in connection with Teghra P.S. Case No. 210 of 2015 registered for the offences punishable under Sections 407, 420 of the Indian Penal Code.

Allegedly, truck loaded with poultry feed valuing Rs. 4,72,248/- did not reach at the destination and accordingly, the informant lodged the case against the driver and cleaner, but during investigation it reveals that loaded truck was looted by unknown miscreants and further cash of Rs. 45,000/- and mobile of cleaner were also snatched away after assaulting the driver and cleaner. During investigation looted mobile of cleaner was recovered from possession of Umesh Ram and he disclosed that he has purchased the same from the petitioner and petitioner in his confessional statement stated that mobile was given by Md. Jawed to him who stated that it is a looted mobile and then he sold the same.

Patna High Court Cr.Misc. No.815 of 2016 (3) dt.09-03-2016 2/2 Submission is of false implication and that the petitioner has got no concern with the alleged crime, simply he got the mobile from Md. Jawed and he sold the same to Umesh Ram, he has no knowledge regarding looted truck and the articles and as such the petitioner deserves sympathetic consideration as against him chargesheet has already been submitted and there is no chance of tampering with prosecution evidence.

Learned A.P.P. submits that the petitioner has confessed that looted mobile was sold by him to Umesh Ram . In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. Case 210 of 2015, subject to conditions that one of the bailors must be 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.) Rajiv/- U T