Md. Mois v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62795 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- AMAUR District- Purnia ====================================================== Md. Mois, Son of Jabul, Resident of Village- Dalmalpur, P.S.- Amour, District- Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh For the Opposite Party/s :

Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Amour P.S. Case No. 73 of 2018 registered for the offence punishable under Sections 457, 380, 411, 413, 414 of the Indian Penal Code and 25 (1-B) a/26/35/37 of Arms Act. FIR has been registered against unknown. Informant has alleged that on 13.05.2018 at 4.30 o'clock when he returned from Masjid he found two boxes containing silver jewelry, cash of Rs. 26,500/- and other articles were found missing. On search the boxes were found near Mariya Bridge but the articles and cash were not in the boxes, however one loaded country made

Patna High Court Cr.Misc. No.62795 of 2018(3) dt.02-11-2018 2/2 pistol was found lying there. It has further alleged that in the same night in seven houses in locality theft was committed. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. His name has surfaced in this case on the basis of confessional statement of apprehended accused Navin Kumar. He has been remanded in this case on 18.07.2018 and since then he is in custody. One theft mobile has been recovered from his house. Considering the nature of allegation against petitioner, I am not inclined to grant bail to the petitioner at this stage. Accordingly the prayer for bail is rejected.

However, petitioner may renew his prayer for bail after framing of charge.

(S. Kumar, J) veena/- U T