Golu Mumtaz @ Gullu Mumtaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37835 of 2019 Arising Out of PS. Case No.-35 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== GOLU MUMTAZ @ GULLU MUMTAZ, S/o Late Tenni Mian, R/o Mohalla- Mainpura, L.C.T. Ghat, P.S.- Patliputra, District- Patna ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 25-06-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Patliputra P.S. Case No.35 of 2019 instituted for the offence under Section(s) 457, 380, 411/34 Indian Penal Code.
Counsel for the petitioner submits that petitioner is in custody since 27.01.2019. Nothing has been recovered from possession of the petitioner. Petitioner has no concern with the alleged offence. The informant has handed over the petitioner to the police. The police has not stated that any article has been recovered from possession of the petitioner.
It is alleged in the written report that on the date of occurrence the informant got awake on hearing sound of breaking of lock. Petitioner was caught hold and other persons
Patna High Court CR. MISC. No.37835 of 2019(2) dt.25-06-2019 2/2 managed to run away. It is further alleged that petitioner was found keeping two mobiles of the informant.
Counsel for the petitioner has submitted that no occurrence has taken place as alleged by the informant. There was dispute going on between Bindeshwar Rai, who happens to be the co-villager. This petitioner has been falsely implicated in this case.
In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Sub Judge XII cum Additional Chief Judicial Magistrate, Patna, in connection with Patliputra P.S. Case No.35 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T