Margoob Alam v. The State Of Bihar

Patna High Court Cr.Misc. No.21368 of 2017 (3) dt.01-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21368 of 2017 Arising Out of PS.Case No. -157 Year- 2015 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Margoob Alam son of Farman Resident of Village - Dhanghra, P.S. - Kodhobaro, District - Kishanganj.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner apprehends his arrest in connection with Bahadurganj P.S. Case No. 157 of 2015 registered for the offence punishable under Section 380 of the Indian Penal Code. Allegedly, one Hero Honda Motorcycle, two mobiles and one torch of the informant were stolen away and during investigation the name of the petitioner transpires in the confessional statement of co-accused Naimuddin. Submission is of false implication and that besides confessional statement there is no other material against the petitioner and without any fault he is apprehending his arrest. Nothing has been recovered from the house of the petitioner and as such the petitioner deserves sympathetic consideration. Learned APP submits that the name of the petitioner

Patna High Court Cr.Misc. No.21368 of 2017 (3) dt.01-07-2017 has transpired in the confessional statement of co-accused. In the facts and circumstances stated above, the petitioner named above, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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, Kishanganj in connection with Bahadurganj P.S. Case No. 157 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T