Afjal Hussain @ Jallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38517 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== 1.

AFJAL HUSSAIN @ JALLU S/o Ali Hassan Mian @ Hasan Miyan R/o village- Teswar, P.S.- Mohanpur, Distt.- Gaya 2.

Kasim Mian S/o Abdul Mian R/o village- Teswar, P.S.- Mohanpur, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-07-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Barachatti P.S. Case No. 96/2019, instituted for offences under Section(s) 379, 414 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioners have been falsely implicated in this case. It is alleged in the written report that informant used to keep his Bolero Vehicle behind the house of Bigan Manjhi towards South on the bank of road. It is alleged that on the date of occurrence on hearing the sound of dashing of car, informant and other villagers arrived and saw both the petitioners in vehicle. They were taken out from the vehicle. Thereafter petitioners were handed over to the police on 05.03.2019 at 5:00 A.M.

Patna High Court CR. MISC. No.38517 of 2019(2) dt.01-07-2019 2/2 Learned counsel for the petitioners has submitted that petitioners were apprehended on the spot, as alleged in the written report, but in the seizure-list there is no signature of petitioners. It is further submitted that before the alleged date and time of occurrence petitioners were going on motorcycle and due to mistake their bike dashed the Bolero Vehicle of informant, due to which they have been falsely implicated in the instant case. Petitioners are in custody since 06.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barachatti, Gaya, in connection with Barachatti P.S. Case No. 96/2019, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T