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Patna High CourtCR. MISC./36982/2019bail granted

Md. Majrool v. The State Of Bihar

2019-09-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36982 of 2019 Arising Out of PS. Case No.-538 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== MD. MAJROOL S/o Md. Anwar @ Chuppa R/o village- Qutubpur, P.S.- Muffasil, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2019 This application, for grant of anticipatory bail, arises out of Khagaria (Gangour) P.S. Case No. 538 of 2018, disclosing offences under Sections 328, 379 and 34 of the Indian Penal Code.

Prosecution case is that while the informant along with his E-rickshaw was standing near the Ambedkar Chowk, Bakhri, two persons came and hired his E-rickshaw on Rs. 6,00/- to go to Bela Chowk. Thereafter, they proceeded and reached at Bela Chowk and there three unknonw persons came to meet the said two passengers taking 4 -5 fruity and they drunk and also gave the same to informant to drink and after taking the said drink, informant became senseless and the accused persons took away his E-rickshaw and his mobile phone. It appears that petitioner is not named in the F.I.R. his name transpired during course of investigation.

Patna High Court CR. MISC. No.36982 of 2019(4) dt.18-09-2019 2/2 Submission of learned counsel for the petitioners is that he is not named in the F.I.R. and he has been made accused only on the basis of confessional statement of one of the coaccused person and except that there is nothing against the petitioner and he has no criminal antecedent and ready to abide by any condition imposed on him.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner, above named, surrender in the court below within two weeks from the date of receipt of a copy of this order, on which, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Gangour) P.S. Case No. 538 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is further subject to the condition that petitioner will cooperate in investigation of the case and appear as and when required by the police.

(Vinod Kumar Sinha, J) sunilkumar/- U T