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Patna High CourtCR. MISC./73723/2018bail granted

Md. Afroz @ Md. Afroj v. The State Of Bihar

2018-12-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73723 of 2018 Arising Out of PS. Case No.-279 Year-2018 Thana- RANIGANJ District- Araria ====================================================== Md. Afroz @ Md. Afroj, Son of Late Md. Wakil, Resident of VillageGopalpur, Ward No.9, P.S.-Raniganj, Dist.-Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2018 Heard both sides.

Petitioner seeks bail in Raniganj P.S. Case No.279 of 2018, registered under Sections 379 and 411 of the Indian Penal Code.

The informant alleged that on some noise the informant woke up and saw that accused Md. Afroz along with another accused committed theft of golden ear ring and cash of Rs.20,000/- from the briefcase of the informant and they started fleeing away. On chase the petitioner was apprehended and from his possession Rs.1500/- was recovered.

Learned counsel for the petitioner submits that petitioner is next door neighbour of the informant. The informant alleged that the petitioner committed theft of golden ear ring and Rs.20,000/- but only Rs.1500/- was recovered from

Patna High Court Cr.Misc. No.73723 of 2018(2) dt.12-12-2018 2/2 possession of the petitioner and thus it creates serious doubt about veracity of the prosecution case and the informant has falsely implicated the petitioner on account of some enmity since the petitioner next door neighbour of the informant. Petitioner has got no criminal antecedent and he is in custody since 27.08.2018. Petitioner has already remained in jail for about 31⁄2 months.

Considering the facts aforesaid, petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Raniganj P.S. Case No.279 of 2018. (Prabhat Kumar Jha, J) S.KUMAR/- U T