Patna High CourtCR. MISC./36794/2019bail granted

Md. Rafique Alam v. The State Of Bihar

2019-06-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36794 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Md. Rafique Alam Son of Zaved Ali Resident of Village - Khutti Haseli, P.S.- Shree Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 392, 412 of the Indian Penal Code.

The prosecution case in short is that three accused persons including the petitioner were arrested on chase by the police while they were fleeing away with cement loaded tractor. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 24-02-2019. Charge sheet has already been submitted. The petitioner has been made accused in the present case due to mistake of fact. The allegation, made in the FIR is denied by the petitioner. The other co-accused with

Patna High Court CR. MISC. No.36794 of 2019(2) dt.26-06-2019 2/2 similar allegation has been granted bail by a coordinate bench of this court vide order dated 29-05-2019 passed in Cr. Misc. No. 35297 of 2019.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 66 of 2019.

(Sudhir Singh, J) A.K.V.//- U T