Md. Faiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24786 of 2018 Arising Out of PS. Case No.-945 Year-2017 Thana- KHAZANIHAT District- Purnia ====================================================== Md. Faiyaz S/o Md. Asgar @ Md. Asgar Ansari, R/o Vill.- Sipahi Tola, Chhoti Maszid, Ward No. 5, P.S.- K. Hat (Madhubani), District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhoy Kumar Kashyap For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with K. Hat (Madhubani) P.S. Case no. 945 of 2017 registered under Sections 379, 411/34 of I.P.C. and Section 37(B) of Bihar Prohibition & Excise Act-2016.

Some hardware articles were stolen from the tiles shop of the informant and one accused, namely, Rahul Kumar was apprehended with stolen hardware articles while other accused managed to escape. The apprehended accused Rahul Kumar disclosed the name of the petitioner as his fleeing accomplice and 31pieces Brassnal and 29 pieces Spaindels were recovered from the house of the petitioner which is said to be

Patna High Court Cr.Misc. No.24786 of 2018(2) dt.01-05-2018 2/2 stolen articles.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from conscious physical possession of the petitioner. He has no concern with the aforesaid occurrence. He has been falsely implicated in the case by Rahul Kumar due to animosity. Petitioner happens to be plumber and the articles seized from his house are hailing to him. He was not apprehended on the spot. He has no criminal antecedent. He has been languishing in custody since 24.12.2017 and the seized articles were not put on T.I.P. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-III-cum-Special Judge, Excise, Purnea in connection with K. Hat (Madhubani) P.S. Case no. 945 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T