Sohrab Khan @ Md. Sohrab Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10373 of 2019 Arising Out of PS. Case No.-197 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== SOHRAB KHAN @ MD. SOHRAB KHAN S/o Idris Khan @ Irshad Khan @ Ishaq Khan @ Md. Ishaq Khan R/o Mohalla- Jamalpur Bigha, P.SSheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed. Rizwanul Haque For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 19.11.2018 in connection with Ariyari P.S. Case No. 197 of 2018 for offences punishable under Sections 379/34 of the Indian Penal Code. Later on Section 414 of the IPC has been added.

The prosecution case, as lodged by the informant, is that while he was going to the field he found three unknown persons unbolting the nut of the motor. On alarm villagers gathered and caught the petitioner and two others named in the First Information Report. Later on it was found that the seized motorcycle recovered from the possession of the petitioner and two co-accused bears no registration number and is alleged to be a stolen one.

Patna High Court Cr.Misc. No.10373 of 2019(2) dt.21-02-2019 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, for the alleged stolen motorcycle Pakribarawan P.S. Case No. 258 of 2018 has been lodged against the petitioner, otherwise he bears no criminal history. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and petitioner undertakes to cooperate in the investigation and not to induce witnesses or tamper with the prosecution evidence.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the nature of allegations as well as the period of custody, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sheikhpura, in connection with Ariyari P.S. Case No. 197 of 2018, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Rajesh/- U T