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Patna High CourtCR. MISC./38832/2019bail granted

Md.Akhlakh v. The State Of Bihar

2019-06-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38832 of 2019 Arising Out of PS. Case No.-332 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== MD.AKHLAKH Son of Md. Asfaque @ Asfak Resident of Village- Rampur south ward no. 03, P.S.- Forbesganj, District- 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.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 332/2018, instituted for offence under Section(s) 379 of the Indian Penal Code.

It is alleged in the written report that on the date of occurrence informant was returning to his village by his bicycle keeping a bag, containing cash of Rs. 1 lac, in the back of carrier of his cycle. The informant reached near Shishu Bikash Mandir then two persons on a motorcycle came near him from opposite side and snatched his bag.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is no recovery of any incriminating article from possession of this

Patna High Court CR. MISC. No.38832 of 2019(2) dt.28-06-2019 2/2 petitioner. No T.I.P. has been held in this case. The alleged recovered mobile belongs to petitioner himself. The police arrested this petitioner on suspicion and recorded his confessional statement.

Petitioner is in custody since 18.11.2018 having clean antecedent.

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 Chief Judicial Magistrate, Araria, in connection with Forbesganj P.S. Case No. 332/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) rakhi/- U T