Abdul Barik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20823 of 2020 Arising Out of PS. Case No.-186 Year-2020 Thana- KORHA District- Katihar ====================================================== 1.

ABDUL BARIK S/o Md. Bishu Resident of Village-Beltikari, P.S.-Korha, District-Katihar.

2.

Md. Moiem S/o Sabur Ali Resident of Village-Beltikari, P.S.-Korha, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-06-2020 Learned Counsel for the petitioners is directed to remove all the defects, as pointed out by the Stamp Reporter, within a period of eight weeks from today.

Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioners seek regular bail in connection with Korha Police Station Case No. 186 of 2020, registered for the offences punishable under Sections 379/356 of the Indian Penal Code.

The allegation against the petitioners is that on the date of occurrence, i.e. on 17.04.2020, the informant was

Patna High Court CR. MISC. No.20823 of 2020(2) dt.23-06-2020 2/3 returning towards his house on his motorcycle, which was intercepted by another motorcycle of the petitioners and they snatched the mobile phone of the informant. It has further been alleged that on alarm being raised by the informant, the villagers caught hold the petitioners and recovered mobile phone from their possession and one accused person succeeded in fleeing away.

Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to village politics. He further submits that no mobile phone was actually recovered from the possession of the petitioners and the same was planted by the villagers in order to falsely implicate these petitioners in this case. He further submits that the petitioners have got no criminal antecedent and they are in custody since 18.04.2020.

After having heard learned Counsel for the parties and taking into consideration the facts that the petitioners have got no criminal antecedent and they are is in judicial custody since 18.04.2020, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.20823 of 2020(2) dt.23-06-2020 3/3 satisfaction of learned Sessions Judge, Katihar, in connection with Korha Police Station Case No. 186 of 2020. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √