Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32184 of 2018 Arising Out of PS.Case No. -35 Year- 2018 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Akbar Ali Son of Vakil Mian Resident of Village : Khairi Tola, P.S. Bettiah (Muffasil), District : West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-05-2018 Heard.

The petitioner seeks regular bail in connection with Jandaha P.S. Case No. 35 of 2018 for the offences punishable under Section 392 of Indian Penal Code.

The prosecution case is that the informant was working in a brick kiln of one Mintu Kumar alongwith another staff namely Ratnesh Kumar. On the date of incident at 11:00 PM, some miscreants four in number came on a Bolero Car, tied the said persons with rope and confined them in a room and took away three tractors and two trailers alongwith mobile of the informant and also the motorcycle belonging to the informant's colleague.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is

Patna High Court Cr.Misc. No.32184 of 2018 (2) dt.31-05-2018 2/2 further submitted that the petitioner is a non-FIR named accused person and his name has transpired during the course of confession made by co-accused Amarjeet Singh. It is further submitted that similarly situated co-accused persons have already been granted by order dated 10.05.2018 passed in Cr. Misc. No. 28204 of 2018, order dated 22.05.2018 passed in Cr. Misc. No. 31447 of 2018 and order dated 29.05.2018 passed in Cr. Misc. No. 26683 of 2018. The petitioner is stated to be languishing in custody since 03.03.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hazipur, Vaishali in connection with Jandaha P.S. Case No. 35 of 2018.

(Mohit Kumar Shah, J) BTiwary/- S. Katyayan U T