Md. Mahbool @ Mahbool Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53603 of 2024 Arising Out of PS. Case No.-38 Year-2021 Thana- MANSAHI District- Katihar ====================================================== Md. Mahbool @ Mahbool Alam Son Of Md. Suleman Village- Lisi Nadar, Ps- Chaklia, Dist-Uttar Dinajpur, W.B.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Mansahi P.S. Case No. 38 of 2021 registered under Section 365/34 of the Indian Penal Code.

3. As per F.I.R., this petitioner along with other named accused persons abducted the husband of informant. Co-accused Md. Fakir demanded ransom of Rs. 2,00,000/-.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to village politics and ulterior motive. Further submission is that specific allegation of demand of ransom is against co-accused Md. Fakir. There is general and omnibus allegation against this petitioner. The victim in his

Patna High Court CR. MISC. No.53603 of 2024(2) dt.20-09-2024 2/2 statement recorded under Section 164 Cr.P.C. has not made specific accusation of abduction against this petitioner. Similarly situated co-accused Mofazzal Haque @ Mofazzal Moulvi has already been granted bail by this Court vide order dated 19.06.2023 passed in Cr. Misc. No. 63629 of 2022. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and similarly situated co-accused has already been granted bail, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Mansahi P.S. Case No. 38 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T