Faizan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4609 of 2018 Arising Out of PS.Case No. -350 Year- 2017 Thana -RANIGANJ District- ARRARIA ====================================================== Faizan S/o Md. Quasim, R/o Village- Dumaria, P.S.- Raniganj, DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 The petitioner seeks bail in anticipation of his arrest in connection with Raniganj P.S. Case No. 350 of 2017 dated 23.09.2017 instituted for the offences under Sections 379, 420, 467, 468 of the Indian Penal Code.

While the informant along with her mother-inlaw had gone to the A.T.M centre to withdraw money, one person of the name of Md. Anish intervened and took away rupees four thousands and also attempted to run away with the A.T.M. card. However, he was apprehended by the local persons and he was made to hand over the A.T.M. card to the informant. At his instance, money which was given to another person, who had run away, was also returned. The aforesaid accused person viz. Md. Anis, who was apprehended at the spot, has named the petitioner as his associate.

Learned counsel for the petitioner has submitted that if the petitioner would have come to the place of the

Patna High Court Cr.Misc. No.4609 of 2018 (2) dt.02-02-2018 2/2 occurrence on the call of the aforesaid Md. Anis, he too would have been apprehended/arrested by the local persons. It is not very clear from the allegation that the person who came back to the place of occurrence to return rupees four thousands to the informant was the petitioner or somebody else. Learned counsel has further submitted that there has been a settlement between the parties and Md. Anis who was apprehended at the spot, has been granted bail by the Court below.

The petitioner does not have any criminal antecedents.

For the facts stated above, the petitioner, above named is directed to be released on bail, in the event of his surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to his furnishing bail bond in the sum of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 350 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Ashutosh Kumar, J) Shageer/- U T