Md. Saidul @ Saiyadul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46764 of 2018 Arising Out of PS.Case No. -96 Year- 2018 Thana -JOGBANI District- ARRARIA ====================================================== Md. Saidul @ Saiyadul Rahman, aged about 41 years S/o Md. Nasir R/o Village- Khabaspur, W. No. 3, P.S. Simraha, District- Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ran Nandan Prasad For the Opposite Party/s : Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Jogbani P.S.Case No. 96 of 2018 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. Allegation as per FIR is that theft was committed to the house of the informant and gold ornaments were stolen and petitioner is not named in the FIR.

Submission of learned counsel for the petitioner is that though stolen articles are said to have been recovered from the house of the petitioner but as a matter of fact he has falsely been implicated and he has no criminal antecedent and petitioner is in custody since 19.4.2018.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.46764 of 2018 (2) dt.18-09-2018 2/2 bail stating that on the basis of statement of one co-accused Kasif the recovery has been made from the house of the petitioner. Having heard both sides and in the facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. However, once charge has been framed against the petitioner, learned court below shall release the petitioner on bail to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U