Md. Ibran And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.11673 of 2017 (3) dt.08-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11673 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Md. Ibran Son of Md. Raiyakat Ali @ Leyakat Ali Resident of VillageSalem Faridpur, P.S.-Sakra, District-Muzaffarpur

2. Md. Ejaz Son of Md. Kayum Resident of Village-Mandaikhurd, P.S.- Sakra, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Adv. For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-04-2017 Heard both sides.

The petitioners seek bail in Sakra P.S. Case No. 06/2017, registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

The informant alleged that on 06.01.2017 in the evening he came out on road and saw six persons standing with two motorcycles, stopped him and looted his mobile and money, but the villagers apprehended two persons namely, Md. Ibran and Md. Ejaz. The apprehend accused persons disclosed the name of other accused persons.

Learned counsel for the petitioners submits that the fardbeyan was recorded in which Rs. 1,000/- is said to have been

Patna High Court Cr.Misc. No.11673 of 2017 (3) dt.08-04-2017 recovered from the possession of the petitioners. The fardbeyan was recorded on 06.01.2017 at 10.45 p.m., but the F.I.R. was sent to the police station on 08.01.2017. The petitioners were remanded in this case on 10.01.2017 in judicial custody. It is submitted that after four days, the petitioners were remanded. The petitioners are said to have been apprehended by the villagers on 06.01.2017 handed over to the police on the same day, but the police remanded the petitioners in judicial custody on 10.01.2017.

Learned A.P.P. was not in a position to explain that how the petitioners were remanded in judicial custody after four days of their arrest.

Considering the facts aforesaid, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Judge XIII-cum-A.C.J.M., Muzaffarpur in connection with Sakra P.S. Case No. 06/2017. (Prabhat Kumar Jha, J.) Vinita/- U T