Md. Sajid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13056 of 2017 Arising Out of PS.Case No. -81 Year- 2016 Thana -KATIHAR RAIL GRP CASE DistrictKATIHAR ====================================================== Md. Sajid Alam, Son of Abdul Bari, Resident of Village- Ajhwa Tola, Singar Mohni, Police Station- Jokihat, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate. For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Katihar Rail P.S. Case No. 81 of 2016 instituted for the offence under Section 380 of the Indian Penal Code.

It is alleged in the written report that while informant was traveling from Danapur to Gauhati, his laptop, data card and other articles as mentioned in the written report, have been stolen by some unknown persons.

It has been submitted on behalf of the petitioner that Data card alleged to belong to the informant, was used in the laptop of the petitioner for few minutes and his brother produced the same before the police for which a production-cum-seizure list was prepared.

Patna High Court Cr.Misc. No.13056 of 2017 (2) dt.24-03-2017 2/2 It is mentioned in paragraph-3 of the bail petition that the petitioner has clean antecedent.

From the production-cum-seizure list, it appears that besides one Data Card, no any other article has been recovered from the possession of the petitioner. There is no Test Identification parade of the above article done by the police. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Katihar Rail P.S. Case No. 81 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Additional Chief Judicial Magistrate, Katihar, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

(Sanjay Priya, J) S.Ali/- U T