Md. Rahbar @ Rhabab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78379 of 2019 Arising Out of PS. Case No.-665 Year-2018 Thana- ARARIA District- Araria ====================================================== Md. Rahbar @ Rhabab, Son of Late Gayas, Resident of Village-Gaiyari, Police Station-Araria, 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.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Araria P.S. Case No.665 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on suspicion. Learned counsel submits that the nothing incriminating has been recovered from the possession of this petitioner.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that in this case the petitioner has been taken on remand in view of his confessional statement made before the police in connection with Araria P.S. Case No.728 of 2018 and thereafter the petitioner has

Patna High Court CR. MISC. No.78379 of 2019(2) dt.02-12-2019 2/2 been remanded in six cases but prior to that the petitioner had no criminal antecedent, there is no recovery of any stolen property from the possession of the petitioner and the petitioner has remained in custody for one year, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No.665 of 2018, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence. (Rajeev Ranjan Prasad, J) arvind/- U T