Patna High CourtCR. MISC./26447/2017bail granted

Md. Guddu @ Guddu v. The State Of Bihar

2017-07-13Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.26447 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26447 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Md. Guddu @ Guddu Son of Md. Akhtar, Resident of Village-Jhhirwa Purwari, P.S.-Simraha (Farbisganj), District-Araria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner, and the learned counsel representing the State.

The petitioner apprehends his arrest in connection with Forbisganj P.S Case No. 09 of 2017 registered for the offences punishable under Sections 364 and 392 of the Indian Penal Code.

The petitioner is not named in the First Information Report. His name has been transpired from the confessional statement of Md. Ekbal Ansari. As per the impugned order, in the confessional statement, it is alleged that petitioner has sold the said tractor on receiving consideration amount of Rs. 32,000/- to Md. Shamsher Ansari and Md. Nasar Ansari has also confessed about his involvement.

Patna High Court Cr.Misc. No.26447 of 2017 (2) dt.13-07-2017 Submission is of false implication and besides the confessional statement, there is no other legal material against the petitioner. Recovery of stolen property is from possession of Md. Samsar Ansari.

Learned A.P.P. seriously opposes the prayer of prearrest bail by submitting that the petitioner has sold the said tractor on receiving consideration money of Rs. 32,000/- and, as such, the petitioner does not deserve pre-arrest bail.

In the facts and circumstances stated above, considering that besides confession, there is no other legal material and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of the order shall 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 learned C.J.M., Araria in connection with Forbisganj P.S. Case No. 09 of 2017 subject to the conditions as laid down in Section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) sushma/- U T