Md. Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83171 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- TATARPUR District- Bhagalpur ====================================================== 1.

MD. ALI Son of Md. Jahangir @ Jahangir Resident of Village - Maulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur, 2.

Md. Shahjahan Son of Md. Jahangir @ Jahangir Resident of Village - Maulanachak, P.S.- Mojahidpur, Distt.- Bhagalpur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered under Section 392 of the Indian Penal Code.

Allegedly, while the informant along with his mother was proceeding a few distance from Bhagalpur Railway Station, three unknown persons intercepted them in the way and looted away his mobiles, two gold rings and cash Rs. 10,000/- It has been submitted on behalf of the petitioners there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. The names of the petitioners have transpired in

Patna High Court CR. MISC. No.83171 of 2019(2) dt.16-12-2019 2/2 this case on the basis of disclosure made by the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioners in the present case. There is no recovery of any incriminating article from possession of the petitioners.

On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest or surrender in the court below within six weeks shall be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhagalpur in connection with Tatarpur P.S. Case No. 152 of 2019. (Sudhir Singh, J) A.K.V.//- U T