Md. Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30766 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- ARARIA District- Araria ====================================================== 1.

Md. Rahman, Son of Late Md. Sherauddin, Resident of Village - Chatra, Tola Lahna Kamaldaha, Ward no. 15, P.S.- Araria, Distt - Araria. 2.

Saibur Rahman@Seburrahman, Son of Late Malekastur, Resident of Village - Chatra, Tola Lahna Kamaldaha, Ward No. 15, P.S.- Araira, Distt - Araria. ... ... 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.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-05-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are in custody in connection with Araria P.S. Case No.93 of 2019 (Special Case No.179 of 2019) for the offences under Sections 379, 411, 34 of the Indian Penal Code and Section 37 (c) (2) of the Bihar Prohibition and Excise Act.

Allegation against the petitioners is that petitioners were involved in theft of goat and when the villagers apprehended the petitioners a smell of wine was coming from their mouths.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.30766 of 2019(2) dt.08-05-2019 2/2 petitioners have been falsely implicated in this case and they are in custody since 05.02.2019.

Considering the fact that petitioners have remained in custody for more than three months, the Court is inclined to grant bail to the petitioner. Let the petitioner, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, Araria, in connection with Araria P.S. Case No.93 of 2019 (Special Case No.179 of 2019).

(Anil Kumar Upadhyay, J) sunil/- U T