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Patna High CourtCR. MISC./41431/2018bail granted

Mahboob Alam v. The State Of Bihar

2018-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41431 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -THAKURGANJ District- KISANGANJ ====================================================== Mahboob Alam son of Late Md. Ishaque Alam resident of Dakshin Matikunda, Police Station - Islampur, District - Uttar Dinajpur (W.B.) .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Thakurganj P.S.Case No. 7 of 2018 registered for the offences punishable under Sections 414 and 413 of the Indian Penal Code. Allegation as per FIR is that police on secret information that criminals from Bengal were coming to commit theft of electric wire had gone to the place of occurrence and intercepted one Ambulance from where the recovery of electric wire was made and petitioner is not named in the FIR but later on his name transpires in this case.

Submission of learned counsel for the petitioner is that petitioner being the Secretary of Social Services is owner of the vehicle and as such he has falsely been implicated in this case and

Patna High Court Cr.Misc. No.41431 of 2018 (2) dt.18-07-2018 2/2 the accused persons, who have been arrested, have named this petitioner and nothing has been recovered from his possession. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioner, named above, surrender within a period of six weeks from the receipt of this order and his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Thakurganj P.S.Case No. 7 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that petitioner has to co-operate in investigation and appear before the Investigating Officer as and when required, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U