Md. Elam @ Ilam @ Inam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7722 of 2020 Arising Out of PS. Case No.-397 Year-2019 Thana- ARARIA District- Araria ====================================================== MD. ELAM @ ILAM @ INAM S/O Ramzani Resident of Village Gaiyyari, P.S. - Araria, District Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Araria P.S. Case No. 397 of 2019 for the offence under sections 395, 397 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner petitioner was not named in the FI.R. He submits that alleged recovery of mobile does not tally with the details of the looted mobile. The name of the petitioner surfaced on the confessional statement of co-accused.

The petitioner is in custody since 11.12.2019. Considering the fact that petitioner has no criminal antecedent, and he was not named in the FIR and the looted mobile does not tally with alleged mobile recovered from the

Patna High Court CR. MISC. No.7722 of 2020(2) dt.05-02-2020 2/2 possession of the petitioner, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No. 397 of 2019.

(Anil Kumar Upadhyay, J) Ravi/- U T