Aftab Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22382 of 2016 Arising Out of PS.Case No. -103 Year- 2016 Thana -BAHERA District- DARBHANGA ====================================================== Aftab Alam Son of Darman Ali Resident of Village- Bakunia, Police Station -Navatta , District Saharsa.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Girish Chandra Jha, Advocate For the Opposite Party : Mr. C.Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Bahera P.S.Case No.103 of 2016 registered for an offence under Sections 406, 407, 420, 467, 468, 370/120(B), 411, 413 and 414 of the IPC. As per the prosecution case, it is alleged by the informant that a truck of his company carried the goods of Rs.24 lakhs from Sonipath to Ranchi but the truck not reached to Ranchi and after search the manager of Patna Branch informed that the owner of the truck also registered a case vide Kuchaikot P.S.Case No.47 of 2016 (Gopalganj). Thereafter, informant knows the fact that the name of the owner of the truck and driver are false. The real owner of the truck 'Abdullah' of Madhubani district and
driver is Md. Nizam of Darbhanga district and further alleged that with the help of other staff of the company and on 07.04.2016 they came at Benipur and on that the truck on P.P. Petrol Pump, when they came near the truck they saw three persons suspicious position and thereafter he knows the fact that Md. Abndullah, Md. Nizam and Tanbir fraudulently grab the goods of the company of Rs.24 lakhs.
Learned counsel for the petitioner submits that the petitioner is in custody since 09.04.2016. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has come on the basis of confessional statement of a co-accused. It is alleged that the rented room from where the recovery has been made belongs to the petitioner. The said allegation of the co-accused is denied by the petitioner.
On behalf of the State, it is submitted that the name of petitioner has come in course of the investigation. Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Benipur (Darbhanga)
in connection with Bahera P.S.Case No.103 of 2016. (Sudhir Singh, J) B.Kr./- U T