Md. Faishal Khan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53770 of 2016 Arising Out of PS.Case No. -257 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Md. Faishal Khan &

2. Md. Reyaz Khan @ Md. Rayan Khan, both sons of Md. Akhtar Khan, residents of Mewa Sao Lane, New Colony, Mandai, Police Station- Sultanganj, District-Patna .... .... Petitioners

Versus

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

For the Petitioners : Mr. Arvind Kumar Mouar, Advocate For the Opposite Party : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2016 Heard the learned counsel for the petitioners and the learned APP for the State.

Petitioners are languishing in custody since 19.09.2016 in connection with Pirbahore P.S.Case No.257 of 2016 for an offence registered under Sections 467, 468 and 420(B) of the IPC and 66 of the I.T.Act.

The case registered on the self statement of SubInspector wherein he has stated that on secret information he apprehended a person, namely, Bhola Kumar Choudhary from whose possession some mobiles were seized. In course of investigation, Bhola Kumar Choudhary disclosed and confessed that he used to sell mobiles at less value to Sadam Suhail and Rajesh Kumar. On the basis of his confessional statement, the S.I. conducted raid and seized mobiles from the house of one Sadam

Patna High Court Cr.Misc. No.53770 of 2016 (2) dt.14-12-2016 2/2 Suhail as per seizure list. Md. Faisal Khan and Md. Reyaz Khan happen to be the owner of Raj communication are petitioners before this Court.

It has been submitted by the learned counsel for the petitioners that the petitioners are owners of Raj communication and used to repair mobile sets on getting charge and they have no criminal antecedent. He further submits that the mobiles allegedly recovered from their shops belonged to different persons for which they have enclosed papers. He further submits that the petitioners are in custody since 19.09.2016.

However, learned APP for the State submits that the petitioners are named in the FIR, hence opposes the prayer for bail.

Considering the aforesaid facts and circumstances, let the above named two 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 CJM, Patna in connection with Pirbahore P.S.Case No.257 of 2016. (Sanjay Kumar, J) B.Kr./- U T