Rafiqueuddin @ Md. Rafiqeuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38296 of 2019 Arising Out of PS. Case No.-407 Year-2011 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Rafiqueuddin @ Md. Rafiqeuddin, Son of Late Md. Jamaluddin, Resident of Mohalla- Bhikanpur Tank Lane Near Hatiya, Police Station- Ishakchak, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Senior Advocate Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 This is an application for grant of anticipatory bail in connection with Kotwali (Tilkamanjhi) P. S. Case No. 407 of 2011, disclosing offences under Sections 461 and 379 of IPC. Allegation of commission of theft of the mobiles phones and sim cards and cash from the shop of the informant. Nobody named in the F.I.R. Later on, petitioner was apprehended in this case, as he was using one of the Sim and two mobiles phones were also recovered. It further appears that petitioner was released on giving benefit of Section 41(1) of Cr.P.C. itself.

Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case. The recovered mobiles phones are of the petitioners and earlier he was given

Patna High Court CR. MISC. No.38296 of 2019(4) dt.06-09-2019 2/2 benefit of Section 41(1) of Cr.P.C. as such, he has not appeared. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, surrender before the court below within two weeks from the date of receipt of certified copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of Smt. Radha Kumari, learned Judicial Magistrate, Ist Class, Bhagalpur, in connection with Kotwali (Tikamanjhi) P. S. Case No. 407 of 2011, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T