Md. Shafique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34725 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- MAHESI District- East Champaran ====================================================== MD. SHAFIQUE S/o Md. Shahid R/o village- Bakhri, P.S.- Chakiya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.01.2019 in a case registered for the offences punishable under Sections 412, 413, 414 of the Indian Penal Code and Sections 25(1-B)a, 26/35 of the Arms Act.

Prosecution case is that on information that a truck has been robbed, the police intercepted a truck, wherein three persons including the driver were found present. Subsequently, during frisking, from the possession of co-accused Mithilesh

Patna High Court CR. MISC. No.34725 of 2019(2) dt.28-05-2019 2/3 Kumar, one loaded country made pistol and two live cartridges were recovered and from the possession of co-accused Sandeep Kumar Chaurasiya, one country made pistol along with two cartridges were recovered whereas from the possession of the co-accused, Sahim, one mobile phone was recovered. It is alleged against the petitioner that he was escorting the robbed truck with a car and on demand, the petitioner failed to produced the relevant papers of car and admitted that the car was stolen one It is submitted by learned counsel for the petitioner that no incriminating articles have been recovered from the possession of the petitioner and apart from the present case, the petitioner is accused in one other case.

It is further submitted that the investigation has already been concluded. Learned APP for the State submits that the petitioner was escorting the robbed truck Considering the fact that the investigation has already been concluded and no incriminating material has been recovered from the possession of the petitioner, let the above named petitioner be released on bail, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.34725 of 2019(2) dt.28-05-2019 3/3 East Champaran in connection with Mehasi P.S. Case No. 23 of 2019.

(Dinesh Kumar Singh, J) Ashwini/- U T