Md. Rahbar @ Rahbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70536 of 2019 Arising Out of PS. Case No.-728 Year-2018 Thana- ARARIA District- Araria ====================================================== MD. RAHBAR @ RAHBAR Son of Late Gayas Resident of Village-Gaiyari Araria, Police Station and District-Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Araria P.S. Case No. 728 of 2018 for the offences punishable under Sections 392/34/412 of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having intercepted the motorcycle of the informant and having snatched the motorcycle. It is further alleged that the villagers had named the accused persons including the petitioner herein as the miscreants who had committed the said crime.

It is submitted that neither any incriminating article has been recovered from the possession of the petitioner nor TIP has been held to establish the complicity of the petitioner in the

Patna High Court CR. MISC. No.70536 of 2019(2) dt.11-12-2019 2/2 alleged crime. It is further submitted that though the petitioner has been made accused in some other criminal cases, however, in paragraph no.3 of the petition it has been stated that after the petitioner was arrested in the present case, he has been remanded in the other cases by the police. Lastly it is submitted that similarly situated co-accused persons have already been granted bail by co-ordinate Benches of this Court vide orders dated 26.02.2019 and 25.07.2019 passed in Cr. Misc. No. 11874 of 2019 and Cr. Misc. No. 45232 of 2019. It is further submitted that the petitioner is languishing in custody since 30.10.2018. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Araria in connection with Araria P.S. Case No. 728 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T