Lutfal Haque @ Lutful Haque @ Haque Saheb @ Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.32284 of 2017 (3) dt.19-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32284 of 2017 Arising Out of PS.Case No. -7 Year- 2014 Thana -NAUGACHIA District- BHAGALPUR ======================================================

1. Lutfal Haque @ Lutful Haque @ Haque Saheb @ Mukhiya son of late Aftok Ali R/o village Eastern Jamnagar Harbaili P.S. Rajmahal, District Sahebganj (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Naugachia P.S. Case No. 07 of 2014 instituted for the offence under Sections-395, 412/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is no recovery from his possession and there is error of record in the order of learned Sessions Judge that recovery has been made from possession of the petitioner. Learned counsel for the petitioner draws attention of the court towards Annexure-3 wherein it has been mentioned that inverter has been recovered from Ekramul, Tasruddin and Bumbum Ravidas. The other coaccused namely Shyam Ram with similar allegation, has been granted bail by coordinate bench of this court vide order dated 11-

Patna High Court Cr.Misc. No.32284 of 2017 (3) dt.19-07-2017 07-2016 passed in Cr. Misc. No. 27557 of 2016. In such circumstances, prayer for bail is allowed and it is ordered that the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Naugachia P.S. Case No. 07 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Naugachia, Bhagalpur subject to condition that both the bailors should be relatives of the petitioner. (Sanjay Priya, J) A.K.V./- U T