Noor Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53658 of 2017 Arising Out of PS.Case No. -140 Year- 2017 Thana -POTHIYA District- KISANGANJ ======================================================

1. Noor Alam, Son of Rustam Ali.

2. Jamil, Son of Barik, both are resident of Village - Kasipur, P.S. and District-Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Smt. Babita Kumari, Advocate.

Mr. Rituraj Raman, Advocate.

For the Opposite Party/s : Mr. Rajkishore Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Pothia P.S. Case No. 140 of 2017 registered under Sections 413, 414, 379 and 411 of the Indian Penal Code.

23 bundles weighing 25 quintal of electric wire hailing to electricity board was recovered from the vehicle in occupation of the 10 accused persons including the petitioners. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. As a matter of fact, the petitioners were traveling by the aforesaid vehicle and had no

Patna High Court Cr.Misc. No.53658 of 2017 (2) dt.09-11-2017 2/2 knowledge of keeping of the aforesaid article in the vehicle. The allegation levelled against the petitioners is not specific rather omnibus. The petitioners have no criminal antecedent. They have been languishing in custody since 26.07.2017. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Kishanganj in connection with Pothia P.S. Case No. 140 of 2017.

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