Afraj @ Afran Mansoori v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61814 of 2019 Arising Out of PS. Case No.-601 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Afraj @ Afran Mansoori, Son of Azazul Mansoori Resident of Village - Naya Tola Raxaul, P.S.- Raxaul, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 02.03.2019 in a case registered for the offences punishable under Sections 356 and 382 of the Indian Penal Code. The prosecution case is that the informant's brother, Rajnish Kumar was working in a financial company. After collecting money, he was returning back to his house but on the way, his bike got brake down and when he returned from Muzaffarpur after getting his bike repaired, three persons made assault to the brother of the informant with knife. Thereafter, the villagers saved the brother of the

Patna High Court CR. MISC. No.61814 of 2019(2) dt.27-11-2019 2/3 informant and subsequently, he was taken to Maa Jagdamba hospital. On regaining consciousness, the brother of the informant suggested that cash amount of Rs.51,965/-, money receipt, two mobile phones, driving licence, PAN card, Aadhar card, ATM card and other documents were robbed off by the accused persons, leading to registration of the FIR against unknown. During investigation the petitioner confessed his guilt.

It is submitted by learned counsel for the petitioner that neither there is any recovery from the possession of the petitioner nor the petitioner has been put on T.I. Parade and only on basis of suspicion, he has been roped in four other cases and in those cases he is on bail.

Learned APP submits that the petitioner confessed his guilt during investigation.

Considering the period under custody, the investigation has already been concluded and the fact that the confession of the petitioner led no recovery nor petitioner has been put on T.I. Parade, let the above named petitioner be released 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 Sub-divisional Judicial Magistrate

Patna High Court CR. MISC. No.61814 of 2019(2) dt.27-11-2019 3/3 (West), Muzaffarpur in connection with Kanti P.S. Case No. 601 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T