Md. Alim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5055 of 2020 Arising Out of PS. Case No.-129 Year-2019 Thana- HABIBPUR District- Bhagalpur ====================================================== MD. ALIM Son of Md. Sahav Resident of Village - Mohinuddinpur, P.S.- Habibpur, District - Bhagalpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-05-2020 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner.

The petitioner seeks bail in connection with Habibpur P. S. Case No. 129 of 2019 dated 18.08.2019, instituted for the offences under Sections 364(A) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been alleged in the F.I.R. that the informant and one Peru Kumar @ Bagru were kidnapped by seven accused persons including the petitioner and a demand of Rs. 1,00,000/- was raised. A consignment of Rs. 50,000/- reached the kidnappers which did not

Patna High Court CR. MISC. No.5055 of 2020(3) dt.28-05-2020 2/3 satisfy them. As such, the informant was let free for him to bring the remaining 50,000 Rupees.

Learned counsel for the petitioner has submitted that averments made in the F.I.R. itself creates doubt about the veracity of the allegations in the F.I.R.

He further submits that there was a monetary dispute between Md. Imran, one of the named accused persons and the informant and it is because of that dispute that Md. Imran and his associates have been made accused in this case.

Apart from this, the learned counsel for the petitioner has also drawn the attention of this Court to an order dated 25.11.2019 passed in Cr. Misc. No. 76072 of 2019, whereby two of the similarly situated accused persons, namely, Md. Wassiuddin and Md. Furkan have been granted bail by a Bench of this Court. The petitioner is in custody since 24.09.2019 and does not have any criminal antecedents.

Patna High Court CR. MISC. No.5055 of 2020(3) dt.28-05-2020 3/3 Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- XIIth, Bhagalpur in connection with Habibpur P. S. Case No. 129 of 2019.

(Ashutosh Kumar, J) skm/- U