Md. Qaium v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52923 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Md. Qaium, son of Ahmad Hussain, resident of Paharpur Tola, P.S.-Deshri, O.P.-Sahdai, District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Mushtaque Alam, Advocate. For the Opposite Party/s : Mr. Matloob Rab, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kadamkuan P.S. Case No. 172 of 2017 registered under Sections 461 and 379 of the Indian Penal Code.

The petitioner is said to have stolen purse containing Rs. 25,000/- and Mangalsutra of the informant and passed the same to other accused person when caught on chase. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has been languishing in custody since 26.04.2017. Earlier bail prayer of the petitioner was rejected by this court vide order dated 01.07.2017 passed in Cr. Misc. No. 29342 of 2017 with liberty to

Patna High Court Cr.Misc. No.52923 of 2017 (2) dt.08-11-2017 2/2 renew his prayer for bail before the learned court below after framing of charge and now the charge in the case has been framed against the petitioner on 04.07.2017 & on moving the bail petition before the learned lower court, the same has been rejected by it on 05.07.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-VII-cumA.C.J.M., Patna in connection with Kadamkuan P.S. Case No. 172 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T