Aftab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62259 of 2018 Arising Out of PS. Case No.-221 Year-2018 Thana- RAXAUL District- East Champaran ====================================================== Aftab Alam S/o Mumtaz Alam , R/o Vill.- Baswariya Bich Mohalla- Ward No. 28, P.S.- Town Bettiah, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Raxaul P.S. Case No. 221 of 2018, registered under Sections 382 and 411/34 of the Indian Penal Code and Section 37(b) of the Prohibition of Bihar Excise Act, 2016.

The accusation is that petitioner and one Rajan Kumar booked a room on 13.08.2018 in the rest house of informant Heena Devi. In the night at about 11.00 P.M., while informant was watching T.V. in that time, this petitioner entered in another room of the informant and took her mobile and Rs. 15 to 20 thousand from her Almirah, when informant came out from her room then saw doors of another room was closed and petitioner and his friend Rajan Kumar started

Patna High Court Cr.Misc. No.62259 of 2018(2) dt.08-10-2018 2/2 fleeing, but they were apprehended with the help of nearby people.

Learned counsel for the petitioner submits that, in fact, dispute arose due to excess charge of room rent and in that course, hot talks were exchanged between the petitioner and informant and due to that reason, the petitioner has falsely been implicated in this case and he is in custody since 14.08.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Excise, Motihari, East Champaran in connection with Raxaul P.S. Case No. 221 of 2018, subject to the conditions that both the bailors must be close relative of the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T