Patna High CourtCR. MISC./46510/2016bail granted

Azad @ Md. Azad Ali v. The State Of Bihar

2016-10-24Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46510 of 2016 Arising Out of PS.Case No. -171 Year- 2016 Thana -HUSAINGANJ District- SIWAN ====================================================== Azad @ Md. Azad Ali, Son of Md. Israfil.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 413, 414, 120(B) of the Indian Penal Code.

One stolen motorcycle and mobile are said to have been recovered from conscious possession of the petitioner when petitioner and others were caught by the police but submission on behalf of the petitioner is that full brother of the petitioner was murdered for which Hussainganj P.S. Case No. 167 of 2015 was lodged against Amaluddin and several other persons but the police did not take proper action against the F.I.R. named accused of that case for which mother of the petitioner as well as petitioner himself filed several complaints before the higher officials against

Patna High Court Cr.Misc. No.46510 of 2016 (2) dt.24-10-2016 2/2 the Officer in charge of concerned police station and that is the reason of false implication of the petitioner in the present crime. Petitioner does not have any criminal antecedent, except Hussainganj P.S. Case No. 168 of 2015 and Hussainganj P.S. Case No. 182 of 2016 and as a matter of fact, Hussainganj P.S. Case No. 168 of 2015 is counter case of Hussainganj P.S. Case No. 167 of 2015 and similarly, Hussainganj P.S. Case No. 182 of 2016 is also an example of false implication of the petitioner by the police. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Hussainganj P.S. Case No. 171 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T