Md. Faruque @ Md. Farookh v. The State Of Bihar
Patna High Court Cr.Misc. No.189 of 2015 (2) dt.07-01-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.189 of 2015 Arising Out of PS.Case No. -82 Year- 2014 Thana -SHAMBHUGANJ District- BANKA ====================================================== Md. Faruque @ Md. Farookh .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Singh For the Opposite Party/s : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-01-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.
The accusation is of committing theft of the solar light. It is submitted by learned counsel for the petitioner that the accusation has been levelled on the basis of suspicion since the petitioner has migrated to the village recently which is not liked by the informant and others and as per the FIR, one Md. Safil saw this petitioner carrying the alleged solar light which was conveyed to the informant on the basis of which the FIR has been lodged. Moreover, for the occurrence of 13.08.2014, the FIR has been lodged on 15.08.2014. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.189 of 2015 (2) dt.07-01-2015 Considering the fact that the informant is not the eyewitness to the occurrence, 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Banka in connection with Shambhuganj P.S. Case No. 82 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T