Neeyajul Haque @ Neyajul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51490 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== NEEYAJUL HAQUE @ NEYAJUL HAQUE (Male), aged about 48 years, Son of Nanku Miyan @ Nanhaku Miyan, Resident of Village-Taregana, P.S.- Masaurhi, District-Patna.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Raj Bansh Dubey, Advocate.

For the Opposite Party :

Mr.Ashok Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 17.05.2019 in a case for the offence registered under Sections 379, 406, 420, 414 and 415/34 of the IPC.

The prosecution story, in brief, is that the informant had given his Truck 3-4 months ago in the Garage of Pramod Sharma for repairing. Later on, he came to know that his Truck was taken away by some persons impersonating themselves as Financer of the Truck. Later on, he also came to know that six persons sold the Truck to accused Raja Ram, Scrap Shopkeeper and the same has been broken in pieces in several parts. Pramod Sharma identified six persons who had taken away the Truck of

Patna High Court CR. MISC. No.51490 of 2019(2) dt.19-08-2019 2/3 the informant from his Garage and they were arrested by the police. Petitioner confessed that he alongwith others in the garb of officials, had taken away the Truck and sold the same to Raja Ram on a consideration of Rs. 1,70,000/-. He alongwith others had gone to receive an amount of Rs. 30,000/- from him. He also confessed that he alongwith others have sold such Trucks earlier too.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has come in the present case on disclosure made by co-accused. No stolen property is said to have been recovered from possession of the petitioner. The petitioner has not been put on T.I. Parade. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released 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 A.C.J.M.-

Patna High Court CR. MISC. No.51490 of 2019(2) dt.19-08-2019 3/3 IV, Saran, in connection with Dariyapur P.S. Case No. 171 of 2019.

(Sudhir Singh, J) U.K./- U T