Md. Anjarul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44031 of 2022 Arising Out of PS. Case No.-482 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Md. Anjarul, Son of Sanul, Resident of village- Motherganj, Simraha, P.SForbesganj, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Forbesganj (Simraha) P.S. Case No. 482 of 2022 registered for the alleged offences under Section 392 of the Indian Penal Code.

As per prosecution case, the informant, his father-inlaw and brother-in-law were going by a motorcycle when they were attacked by four miscreants who assaulted the informant and his brother-in-law and snatched their mobile phones and also took away Rs. 70,000/- from them.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.44031 of 2022(2) dt.18-11-2022 2/3 petitioner is innocent and has been falsely implicated in this case merely on suspicion. Nothing incriminating has been recovered from the conscious possession of the petitioner. The recovery shown from the petitioner, i.e., Rs. 10,200/- is not the money of any loot. The petitioner has been named in this case on the basis of confessional statement of co-accused Md. Anjarul @ Fekhna, son of Latif. The petitioner is in custody since 06.05.2022 and the charge-sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that there is allegation of robbery and recovery has been made of the looted amount from this petitioner.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner as well as submission of charge-sheet against him, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria/court concern in connection with Forbesganj (Simraha) P.S. Case No. 482 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

Patna High Court CR. MISC. No.44031 of 2022(2) dt.18-11-2022 3/3 (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T