Saquib v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54283 of 2021 Arising Out of PS. Case No.-544 Year-2021 Thana- ARARIA District- Araria ====================================================== Saquib, Son of - Late Wajuddin Resident of Village - Hariya Chauk, Murballa Ward no. -5, P.S. - Araria (R.S.), District - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Ziaul Quamar, Adv.
For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-04-2022 Heard learned counsel for the parties.
The prosecution case arises out of Araria (R.S.) P.S. Case No.544 of 2021 instituted under Section 394 of the Indian Penal Code.
As per the FIR, the informant Avinash Kumar alleged that on 02.07.2021, four unknown accused persons riding on two motorcycles looted him of Redmi mobile, two tablets as well as cash of Rs.4567/- as also his Splendor motorcycle when he was going to deposit cash at Shivpuri Branch of Bharat Finance Inclusion Ltd. The informant states he was the Collecting Agent of the said branch.
During investigation, the police arrested one Amanullah @ Aman under whose confession the name of other accused persons cropped up. Subsequently, the police raided house of the petitioner and recovered the looted Tab as well as
Patna High Court CR. MISC. No.54283 of 2021(3) dt.28-04-2022 2/3 the Redmi mobile and he was arrested on 06.08.2021. Case diary was called for in this case. Learned APP has gone through it and save and except what has been stated in FIR; according to him no further statement is there relating to this petitioner. He further submits that after perusal of the case diary, he does not find anywhere any statement regarding the criminal antecedent of the petitioner.
Learned counsel for the petitioner submits that he is in jail since 06.08.2021.
Considering the fact that charge sheet has already been submitted and the petitioner is in jail since 06.08.2021, this Court is inclined to grant him the privilege of bail with certain conditions.
Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each in connection with Araria (R.S.) P.S. Case No.544 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Araria , subject to following conditions: (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.54283 of 2021(3) dt.28-04-2022 3/3 before the Trial court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of bail by the Trial court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his presence.
With the aforesaid observation the bail application is allowed.
(Rajiv Roy, J) Prakash Narayan /- U T