Patna High CourtCR. MISC./56128/2019allowed

Sarfaraz @ Bablu @ Md. Sarfraz v. The State Of Bihar

2019-09-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56128 of 2019 Arising Out of PS. Case No.-527 Year-2018 Thana- FORBESGANJ District- Araria ====================================================== SARFARAZ @ BABLU @ MD. SARFRAZ S/o Md. Sajjad R/o VillageMajhuwa, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-09-2019 Heard both sides.

The petitioner apprehends his arrest in Forbesganj P.S. Case No.527 of 2018 registered under Section 392 of the Indian Penal Code.

The informant alleged that on 26.05.2018 three unknown persons came on a motorcycle (without number) and snatched Rs.3,775/- from the nosel man of the petrol pump and fled away.

Learned counsel for the petitioner submits that the occurrence took place on 26.05.2018. The informant gave his written application to the Officer-in-charge on 12.07.2018 and this fact itself shows falsity of the case that the case was lodged after more than one and half months. The name of the petitioner figured in the case in the confessional statement of co-accused.

Patna High Court CR. MISC. No.56128 of 2019(2) dt.09-09-2019 2/2 Petitioner has got no criminal antecedent.

Having considered the facts that although the informant alleged that on 26.05.2018 some miscreants came at petrol pump and snatched Rs.3,775/- from the nosel man but the F.I.R. was lodged on 12.07.2018 and no plausible explanation has been given in the written application and the name of the petitioner figured in confessional statement of the co-accused, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond 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 Forbesganj P.S. Case No.527 of 2018 (G.R. No.2249 of 2018), subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Harish/- U T