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Patna High CourtCR. MISC./4982/2019dismissed

Md. Ali v. The State Of Bihar

2019-04-03Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1307 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== Md. Suleman Md, son of Md. Sabir, Resident of Village-Gosnagar, P.S.- Rajnagar , District-Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4982 of 2019 Arising Out of PS. Case No.-62 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== Md. Ali son of Late Md. Haroon, Resident of village - Gosnagar, P.S. Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1307 of 2019) For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.Sri Ram Bilash Roy Raman (APP) (In CRIMINAL MISCELLANEOUS No. 4982 of 2019) For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-04-2019 Since both the cases arise from same P.S. as such they are taken up together for consideration.

Patna High Court CR. MISC. No.1307 of 2019(4) dt.03-04-2019 2/3 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Babubarhi P.S. Case No. 62 of 2018 (CRI No. 172 of 2018) registered for the offence punishable under Section 395 of the Indian Penal Code.

Allegation against the petitioners are of breaking the grill of the house of the informant and looting silver and gold ornaments from the Almirah worth Rs. 8 lacs along with cash of Rs. 2,50,000/- It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case. Petitioners are not named in the F.I.R. and their name have surfaced during investigation. Petitioners have no criminal antecedent and are in custody since 24.04.2018.

Considering the facts and circumstances of the case, there is direct allegation against the petitioners and they have been identified by the informant, as such, I am not inclined to enlarge the petitioners on bail at this stage. Hence, the prayer for bail of the petitioners is hereby rejected. Trial court is directed to expedite and conclude

Patna High Court CR. MISC. No.1307 of 2019(4) dt.03-04-2019 3/3 trial within a period of one year from the date of receipt/production of a copy of this order.

(S. Kumar, J) Rajiv/- U T