Md. Gyas @ Md. Gayas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51341 of 2016 Arising Out of PS.Case No. -605 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================
1. Md. Gyas @ Md. Gayas Son of Md. Nayeem resident of village - Jhalari, Police Station Rupauli, District - Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocatge For the Opposite Party/s : Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in jail since 15.09.2016 in a case registered for offences punishable under Sections 379, 411/34 of the Indian Penal Code.
The prosecution case as lodged by the informant is that when he had gone to Araria for treatment of his brother and there was shortage of money, he had taken out Rs. 6500/- from the A.T.M. but one person snatched the money and ran to his Bolero vehicle. There were three persons in the said vehicle who managed to escape and driver was caught and from his possession Rs. 9500/- was recovered.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.51341 of 2016 (2) dt.01-12-2016 2/2 petitioner that he is just a driver of the said vehicle and the money recovered from his possession was his own money. It has further been submitted that the petitioner has no criminal history and it is only on the basis of suspicion that the petitioner has been made accused. He further submits that charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence.
Learned A.P.P. for the State submits that the petitioner is named in the F.I.R., hence, opposes the prayer for bail. Considering the facts and circumstances of the case and submission of the parties, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each the to the satisfaction learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 605 of 2016.
(Nilu Agrawal, J) Sudha/- U T