Md. Babar @ Md. Salauddin @ Babar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20956 of 2017 Arising Out of PS.Case No. -139 Year- 2008 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Babar @ Md. Salauddin @ Babar, Son of Damdam Babar @ Idrish Master, resident of Village- Idgah Tola Islam Nagar, Police Station & District- Araria.

2. Md. Jahangir @ Jahangir, Son of Ziyauddin, @ Jhabaru Driver, resident of Village- Sharif Nagar Islam Nagar, Police Station & DistrictAraria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-06-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in connection with Araria P.S. Case No. 139 of 2008, registered under Sections 395 and 397 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioner is not named in the F.I.R. In course of investigation, petitioner no.1 was remanded on 19.08.2016 showing recovery of video camera and petitioner no.2 has been remanded showing recovery of VCD of Santosh company and since then both are in custody. Further submission is that from perusal of the F.I.R. it

Patna High Court Cr.Misc. No.20956 of 2017 (3) dt.21-06-2017 2/2 appears that materials, which are said to be seized from the possession of the petitioners are not looted articles, while the informant claimed to identify the culprits and articles, but neither the seized articles nor the petitioners put on T.I.P. Further submission is that, in fact, both the petitioners are accused in 7 cases and 3 cases, respectively, as detailed in para 3 of the petition and due to that reasons, both the petitioners have been implicated in this case by the Police.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-III, Araria in connection with S.T. No. 17 of 2017 (Araria P.S. Case No.139 of 2008). Out of two sureties, one surety must be the close relative of the petitioners, who will file an affidavit showing his relation with the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T