Imdad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32956 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Imdad Alam, Son of Sheikh Aamil Resident of Village - Ward No. 05, Semra Ghat, P.S.- Majhaulia, District - West Champaran. ... ... Petitioner

Versus

The State Of Bihar, ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Majhaulia P.S. Case no. 220 of 2018, registered under Section 380/34 of the Indian Penal Code.

The accusation is that on 26.04.2018 at about 3.00 A.M., when the informant Jamalun Nesa woke up then saw that in another room, the lock of the box is broken and ornaments, clothes and cash of Rs. 15000/- were missing. Thereafter, her husband started to make query then he came to know that five F.I.R. named persons, including the petitioner, had stolen the house hold articles after breaking the lock of the box. When they were asked to return the said articles and cash then they refused to do so, while Panchayati was convened, but they

Patna High Court CR. MISC. No.32956 of 2019(2) dt.20-05-2019 2/2 refused to return the same.

Learned counsel for the petitioner submits that, admittedly, petitioner and other named in the F.I.R. are villagers of the informant and they have falsely been implicated in this case. Further submission is that the occurrence is said to committed on 26.04.2018, but the informant lodged the present case on 08.06.2018 after 41 days of the occurrence. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 220 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T