Patna High CourtCR. MISC./11874/2019bail granted

Md. Afaque v. The State Of Bihar

2019-02-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11874 of 2019 Arising Out of PS. Case No.-728 Year-2018 Thana- ARARIA District- Araria ====================================================== Md. Afaque Son of Hazi Salimuddin Resident of Sisauna, Ward No.- 1, P.SArarai, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-02-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Araria PS case no. 728 of 2018 registered for the offence punishable under Section 392/34 of Indian Penal Code. The allegation is regarding the accused persons having intercepted the petitioner herein while he was carrying his motorcycle on foot on account of shortage of petrol and the said accused persons are said to have taken away the keys of the motorcycle of the informant, whereafter they had taken him to Zero mile and threatened to kill him. However, in the morning, the villagers had disclosed the names of the miscreants including that of the petitioner herein.

Patna High Court CR. MISC. No.11874 of 2019(2) dt.26-02-2019 2/2 The learned counsel for the petitioner submits that neither there has been recovery from the possession of the petitioner nor T.I. parade has been conducted so as to connect the petitioner with the alleged crime. It is further submitted that the alleged motorcycle has been recovered from the house of one Krishna Sah. It is further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. The petitioner is said to be languishing in custody since 25.10.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on regular bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Araria in connection with Araria PS case no. 728 of 2018. (Mohit Kumar Shah, J) rinkee/- U T