Md. Assaraf Hussain @ Munna @ Ashraf Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21141 of 2015 Arising Out of PS.Case No. -436 Year- 2014 Thana -GARDANIBAGH District- PATNA ======================================================
1. Md. Assaraf Hussain @ Munna @ Ashraf Hussain Son of Anwar Hussain, Resident of Mohalla- Naya Tola Rahmat Colony, P.S. Phulwarisharif, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Ehteshamuddin For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner seeks bail in a case registered under sections 399, 402 , 414 and 120(B)of the Indian Penal Code and 25, 26 and 35 of the Arms Act.
According to the prosecution case the informant on 19.12.2014 came to know that some anti social elements are planning to commit crime. On this information he along with the police party proceeded towards the direction and surrounded one house. It is further stated that some persons surrendered before the informant. They disclosed their names as Md. Nehal, Pappu Khan, Teni @ Raja, Jaid Anwar and Ashraf Hussain. They were searched and on search one mobile of Nokia was recovered from
Patna High Court Cr.Misc. No.21141 of 2015 (2) dt.13-07-2015 2/2 the pocket of Md. Shraf Hussain.
It is submitted on behalf of the petitioner that petitioner is in custody since 20.12.2014. Charge sheet has been submitted in the case. It has been further submitted that one Nokia Mobile is said to have been recovered from the possession of the petitioner and the petitioner claims the said mobile to be of his. Further it is submitted that petitioner has no criminal antecedent. On behalf of the State it is submitted that petitioner is name in the first information report. Considering the aforesaid facts, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Manoj Kumar -VJ.M. Ist Class, Patna in Gardanibagh P.S. Case No. 436 of 2014.
(Sudhir Singh, J) M.Rahman/- U T