Sheikh Abare Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27054 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -GOPALPUR District- WEST CHAMPARAN(BETTIAH) ====================================================== Sheikh Abare Alam, son of Sheikh Saheb, Resident of Sonbarsha, P.S.- Gopalpur, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No.40 of 2017 for allegedly having committed the offence under Sections 457 and 380 of the Indian Penal Code.

Learned counsel for the petitioner submits that the entire case is false and motivated and has been lodged for oblique purpose for harassing the petitioner. Learned counsel further submits that keeping huge amount of cash in the house is not fully worthy of credence as after the demonetization, no such cash would be available in the premises. The present case has been lodged on account of differences in the use of the

Patna High Court Cr.Misc. No.27054 of 2017 (2) dt.06-07-2017 2/2 passage between the informant's and the petitioner's families. Considering the facts and circumstances of the case and that, admittedly, there was no recovery from the possession of the petitioner and the F.I.R itself is delayed, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Gopalpur P.S. Case No.40 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T