Patna High CourtCR. MISC./65311/2019allowed

Sarfaraj @ Md. Sarfraj Ansari v. The State Of Bihar

2019-11-04Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65311 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- JOGBANI RAIL P.S. District- Katihar ====================================================== Sarfaraj @ Md. Sarfraj Ansari S/o Md. Sabir Resident of Village- Alam Tola Ward No. 22 P.S.- Forbesganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rail Jogbani P.S. Case No. 09 of 2019, registered for offence punishable under Section 379 of the Indian Penal Code. Allegation against the petitioner is of taking away the mobile set of the informant from the upper pocket of his shirt while he was going to Arariya by train.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on mere suspicion. Further submission is that nothing has been recovered from the conscious possession of the petitioner. From perusal of the seizure list, it appears that the recovery of mobile set shown is doubtful as it does not

Patna High Court CR. MISC. No.65311 of 2019(2) dt.04-11-2019 2/2 contain the signature of the petitioner. Petitioner is languishing in custody since 07.07.2019.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above-named petitioner 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 the learned Rail Judicial Magistrate, Katihar, in connection with Rail Jogbani P.S. Case No. 09 of 2019.

(Arvind Srivastava, J) sushma/- U T