Md. Rabban @ Md. Ranbban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52258 of 2019 Arising Out of PS. Case No.-224 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== MD. RABBAN @ MD. RANBBAN, age 35 years, Male, Son of Ahmad, Resident of Village-Haldia, P.S-Simraha, District-Araria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Naushad Uzzoha, Advocate.

For the Opposite Party :

Mr.Satya Nand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 11.03.2019 in a case for the offence registered under Section 414 of the IPC.

The prosecution story, in brief, is that on 11.03.2019 during course of night patrolling, Md. Rabban (petitioner) was apprehended and from his bag, huge quantity of artificial ornaments made of gilt alongwith other articles were recovered by the police. On being asked, petitioner neither gave any satisfactory explanation for possessing such articles nor produced any papers. The articles recovered from the possession of the petitioner are appearing stolen property which were stolen away by this petitioner from any shop.

Patna High Court CR. MISC. No.52258 of 2019(2) dt.22-08-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The alleged recovered artificial articles belong to the petitioner and the same were not stolen property. He has been made accused in the present case due to mistake of fact.

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 C.J.M. Araria, in connection with Forbesganj P.S. Case No. 224 of 2019.

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