Md. Subhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39410 of 2019 Arising Out of PS. Case No.-273 Year-2018 Thana- ARARIA District- Araria ====================================================== MD. SUBHAN Son of Khatru @ Tajmul Miyan Resident of Village - Pipra Tappu Tola, P.S.- Jogbani, Distt - Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Araria P.S. Case No. 273/2018, instituted for offence under Section(s) 392 of the Indian Penal Code. Later on Section 414 of the Indian Penal Code was also added.

It is alleged in the written report that on the date of occurrence three persons came on motorcycle and at the point of pistol looted money from the petrol pump. One person was apprehended who disclosed his name as petitioner. It is alleged that from possession of petitioner one pistol and six live cartridges along with cash of Rs. 20,300/- were recovered. Learned counsel for petitioner has submitted that separate case has been lodged against the petitioner for recovery

Patna High Court CR. MISC. No.39410 of 2019(3) dt.21-08-2019 2/2 of firearm from his possession bearing Araria P.S. Case No. 274/2018, which is mentioned in para 7 of bail petition. There is no mention of the amount, which has been looted from the petrol pump. The recovered amount of Rs. 20,300/-, as mentioned in the written report, is not looted amount as there is no description of amount looted from the petrol pump. Petitioner is in custody since 08.08.2018.

Considering the aforesaid facts and circumstances, 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 learned Judicial Magistrate 1st Class, Araria, in connection with Araria P.S. Case No. 273/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T