Rahbar @ Md. Rahbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65273 of 2018 Arising Out of PS. Case No.-7 Year-2017 Thana- BAUSI District- Purnia ====================================================== Rahbar @ Md. Rahbar, Son of Zahir, Resident of Village-Harkhaily, P.S. Dagarua, Distt.-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

Accusation is of robbing a Tata Magic vehicle which was carrying 12 businessmen along with cash of Rs.39,000/- and 38,000/- respectively from the different businessmen and Rs.1800/- from the informant. The accused persons also alleged to have robbed mobile phones from the informant and different businessmen. The FIR was registered against unknown. The petitioner was named in the present case on the confession of co-accused, Janaid Alam.

It is submitted by learned counsel for the petitioner that the

Patna High Court Cr.Misc. No.65273 of 2018(2) dt.13-12-2018 2/2 petitioner's name surfaced in the present case on the confession of one Janaid Alam, who has been granted regular bail vide Criminal Miscellaneous No.17306/2017. Except confessional statement of co-accused no other evidence has surfaced against the petitioner and furthermore there is no recovery from the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that the name of the petitioner surfaced during investigation. Considering the fact that there is no recovery from the petitioner, coupled with statement made in paragraph no.

3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea, in connection with Baisi P.S. Case No.07 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.