Md. Babloo @ Md. Rahim v. The State Of Bihar

Patna High Court Cr.Misc. No.30558 of 2016 (3) dt.08-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30558 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Md. Babloo @ Md. Rahim S/o Md. Hasim, Resident of Village- Barhaiya, P.S.- Bihariganj, District- Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bam Bahadur Jha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 363, 365 and 379 of the I.P.C. The prosecution story, in brief, is that on 8.3.2016 in the evening the informant's Safari van was given to an unknown man on rent to go to Puraini at the instance of the petitioner, who is a Stand Clerk, Bihariganj tempo stand. The said vehicle started for Puraini from Bihariganj. The informant contacted with the driver Md. Sarkar of his mobile, who replied that he was to start from Puraini but the driver of the informant did not return on 9.3.2016 with vehicle and his mobile also did not response. Hence, the informant made a written report.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.30558 of 2016 (3) dt.08-09-2016 the petitioner is in custody since 9.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is an agent at the taxi stand and due to rivalry between the petitioner and the informant, he has falsely implicated the petitioner in the present case. The informant runs his vehicle on rent from the same taxi stand. In course of investigation certain accused persons were arrested, whose statements were recorded in paragraphs 32 and 76 of the case diary. They have not named the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Uda Kishunganj, Dsitrict Madhepura in connection with Bihariganj P.S. case No.32 of 2016. (Sudhir Singh, J) Narendra/- U T