Md. Irshad @ Md. Irsad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20885 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== 1.

Md. Irshad @ Md. Irsad, Son of Noor Mohammad, Resident of Village - Pathardeva, P.s.- Narpatganj, Distt.- Araria. 2.

Md. Jivrayeel @ Md. Jibrail Son of Md. Oli @ Md. Jholi @ Karib Resident of Village - Pathardeva, P.s.- Narpatganj, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are languishing in custody since 07.01.2019 in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code. The prosecution case is that the petitioners were apprehending by SSB personnel near Indo-Nepal boarder with two oxen.

It is submitted by learned counsel for the petitioners that only on the basis of suspicion, the accusation has been levelled and oxen were being purchased by the petitioners. A statement has been made in paragraph 3 of the petition that the petitioners

Patna High Court CR. MISC. No.20885 of 2019(2) dt.04-04-2019 2/2 are not having any criminal antecedent.

Learned APP submits that the petitioners were apprehended with stolen oxen.

Considering the nature of accusation and period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Bathnaha) P.S. Case No. 13 of 2019. (Dinesh Kumar Singh, J) DKS/- U T