Azad @ Afzal @ Rahmat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28397 of 2018 Arising Out of PS.Case No. -890 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Azad @ Afzal @ Rahmat Ali S/o Md. Iliyas, R/o Vill.- Rani, Ward No. 14, P.S.- Rani, District- Morang (Nepal) at present , Resident of MohallaKhajurbari, Ward No. 16, P.S.- Jogbani, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhijeet Gautam For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Forbesganj P.S. Case No. 890 of 2017 registered under Sections 420, 467, 468, 471 and 120(B)/34 of the Indian Penal Code.

Extortion money is said to have been demanded by the mobile in the name of Lakho Devi and co-accused Arun Kumar Sah is said to have managed the aforesaid SIM in the name of Lakho Devi and handed it over to the petitioner to facilitate him demanding the extortion money.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the

Patna High Court Cr.Misc. No.28397 of 2018 (2) dt.09-05-2018 2/2 conscious physical possession of the petitioner. He has no concern with the aforesaid occurrence. He has been falsely implicated in this case. He is not named in the F.I.R. He has also no concern with said Arun Kumar Sah and Lakho Devi. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring his confessional statement which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 05.02.2018. Said Arun Kumar Sah has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 10363 of 2018 vide order dated 22.02.2018. In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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. 890 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T