Md. Abbas Mian @ Md. Abbas v. The State Of Bihar

Patna High Court Cr.Misc. No.28210 of 2017 (3) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28210 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. Md. Abbas Mian @ Md. Abbas Son of Late Nanhi Mian, Resident of Village- Bhavani Pahari, P.S.- Kargahar, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta. APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Barun P.S. Case No. 60 of 2017, registered for the offences punishable under Sections 461, 379 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that although there is an allegation that a sum of Rs. 37,000/- was recovered from the possession of this petitioner which was allegedly found to be stolen money as alleged by the informant, however, the seizure is not in accordance with law. The petitioner has been falsely implicated. Learned counsel specifically points out that the petitioner has got no criminal antecedent and is ready

Patna High Court Cr.Misc. No.28210 of 2017 (3) dt.07-07-2017 and willing to co-operate in course of trial. Learned Additional Public Prosecutor opposes the prayer for bail of the petitioner and submitted that a sum of Rs. 37,000/- which was allegedly stolen from the dicky of the informant's motorcycle was found from the possession of the petitioner, and he is in jail custody since 04.04.2017. Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 60 of 2017, subject to condition that one of the bailors should be family members of the petitioner and the petitioner shall cooperate in trial and two regular defaults in appearance before the trial court will lead cancellation of bail bonds.

(Rajeev Ranjan Prasad, J) siddharth/- U T