Md. Sabir Rahmani @ Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27862 of 2018 Arising Out of PS. Case No.-200 Year-2012 Thana- LAHERIASARAI District- Darbhanga ====================================================== Md. Sabir Rahmani @ Md. Sabir, Son of Md. Kalimullah Rahmani, resident of Mohalla- Meergheyas Chak, P.S.- Laheriasarai, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Iqbal Asif Niazi For the Opposite Party/s :

Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Laheriasarai P.S. Case No. 200 of 2012 registered for the offence punishable under Sections 379 and 414 of the Indian Penal Code.

As per FIR, the prosecution case in brief is that the informant is a photographer of daily newspaper Hindustan and on 21.05.2012 at about 9:30 pm the informant was taking photographs in a Jalsa of Madarsa Hamidiya after parking his Hero Honda Motorcycle. In the meantime, one boy took away the motorcycle by using a master key. Informant caught him near Zila School and handed over him to the police stating that the petitioner has stolen his motorcycle.

Patna High Court Cr.Misc. No.27862 of 2018(2) dt.09-05-2018 2/2 It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely implicated in this case. It has been further submitted that from perusal of the seizure list, it appears that nothing has been recovered from the possession of the petitioner rather the informant himself produced his motorcycle before the police. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M-IV, Darbhanga in connection with Laheriasarai P.S. Case No. 200 of 2012, and subject to the condition as laid down under Section 438(2) of the Cr.P.C. (S. Kumar, J) ranjan/- U