Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3861 of 2016 Arising Out of PS.Case No. -292 Year- 2015 Thana -JOKIHAT District- ARRARIA ======================================================

1. Md. Akbar Son of Mojib, Resident of Village - Uda, P.S. Mahalgoan, District - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 452 and 380 of the Indian Penal Code.

The prosecution case is that three thieves were committing theft in the house of the informant and they escaped from the scene but out of three, two including the petitioner were identified by the informant. Subsequenlty, one herohonda motorcycle was found parked near the house of the informant from which Aadhar Card of the petitioner was seized. It is submitted by the learned counsel for the petitioner that only on suspicion the accusation has been levelled

Patna High Court Cr.Misc. No.3861 of 2016 (2) dt.27-01-2016 2/2 and neither the motorcycle nor the Aadhar card have been produced by the informant to the police. Statement to the aforesaid effect has been made in paragraph 13 of the petition. It is further submitted that in the background of political rivalry the accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Jokihat P.S. Case No. 292 of 2015 pending in the court of learned SDJM, Araria. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T