Firoz Alam @ Firoz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9028 of 2024 Arising Out of PS. Case No.-400 Year-2022 Thana- ARARIA District- Araria ====================================================== 1.
Firoz Alam @ Firoz SON of Hajrat Alee @ Hazrat RESIDENT OF VILLAGE- BANGAMA, PS- ARARIA, DIST- ARARIA 2.
ABDUL HAKIM SON OF SAJJAD ALI @ SAJJAD RESIDENT OF VILLAGE- BANGAMA, PS- ARARIA, DIST- ARARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Naushaduzzoha, Advocate.
For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-02-2024 Heard Mr. Md. Naushaduzzoha, learned counsel appearing on behalf of the petitioner and Mr. Kumar Ranjit Ranjan, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Araria P.S. Case No. 400 of 2022 registered for the offence punishable under Section 379 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., the accused persons including the petitioners named in the F.I.R. are said to have caused loss of Rs.7,15,724/- to the State by stealing the oil of the transformer and damaging it.
4. Learned counsel appearing on behalf of the petitioners submitted that on the basis of the information given by the villagers, the Junior Eng inner without holding proper inquiry has lodged F.I.R. against the petitioners on the basis of hearsay allegation made by the villagers that they have caused
Patna High Court CR. MISC. No.9028 of 2024(2) dt.20-02-2024 2/2 loss of Rs.7,15,724/- to the government by stealing transformer oil and damaging the transformer. The petitioners have been implicated on the basis of false accusation.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Considering the nature of allegation made in the F.I.R., the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Araria P.S. Case No. 400 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The court below is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.
(Purnendu Singh, J) mantreshwar/- U T