Nauraj Alam @ Md. Nauraj Alam @ Nauraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40865 of 2016 Arising Out of PS.Case No. -60 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Nauraj Alam @ Md. Nauraj Alam @ Nauraj, Son of Tamiz, resident of Village- Dahuabadi, Police Station- Amour in the district of Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 22-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 11.04.2016 in connection with Bahadurganj P.S. Case No. 60/16 for offences punishable under Sections 420, 414/34 of the Indian Penal Code.

The prosecution case is that the petitioner along with other co-accused was caught with an idol of Lord Budha, which the other co-accused disclosed that he was going to sell it after colouring it with gold.

It has been submitted by the learned counsel for the petitioner that there is nothing in the First Information Report to show that the seized idol was stolen property and that no one

Patna High Court Cr.Misc. No.40865 of 2016 (3) dt.22-11-2016 2/2 has come to claim the said idol. He further submits that another co-accused Munazir Hussain, on whose possession the idol was found, has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 42528 of 2016 on 06.10.2016 and that his case is on better footing as the idol was not recovered from his possession.

However, learned APP for the State submits that the petitioner along with other co-accused was found carrying the stolen idol, hence, opposes the prayer for bail. Be that as it may, since on similar allegation the other co-accused has been granted the privilege of bail, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Bahadurganj P.S. Case No. 60/16 (G.R. No. 481/16).

(Nilu Agrawal, J.) Rajesh/- U T