Shauquat @ Md. Shauquat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71371 of 2019 Arising Out of PS. Case No.-518 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== 1.

SHAUQUAT @ MD. SHAUQUAT S/o Late Sony R/o village- Murballa, P.S.- Araria R.S., District- Araria 2.

Danish S/o Late Abbas R/o village- Doria Sonapur, P.S.- Simraha, DistrictAraria 3.

Imtiyaz S/o Salim R/o village- Doria Sonapur, P.S.- Simraha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Learned counsel for the petitioner seeks permission to withdraw the bail petition of petitioner no.1 as he has already been apprehended by the police during pendency of the case. Permission is granted.

Accordingly, bail petition filed on behalf of petitioner no.1 namely Shauquat @ Md. Shauquat is dismissed as withdrawn.

Heard learned counsel for the petitioners for rest of the petitioners and the learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379 and

Patna High Court CR. MISC. No.71371 of 2019(2) dt.18-12-2019 2/3 411/34 of the Indian Penal Code.

Some unknown miscreants are said to have stolen the Bull of the informant from his door in the night. Said Bull was found tied at the door of Somi Yadav and said Somi Yadav divulged that the petitioners and three other named accused persons have given him the said Bull for the purpose of vending it.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid occurrence. There is no eyewitness of the occurrence. There is nothing cogent on record indicating the complicity of petitioner in the occurrence barring disclosure made by co-accused Somi Yadav due to animosity. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners have no criminal antecedent.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties

Patna High Court CR. MISC. No.71371 of 2019(2) dt.18-12-2019 3/3 of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Forbesganj (Simraha) P.S. Case No. 518 of 2019, corresponding to G.R. No. 1994 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) amit/- U T