Md. Babloo @ Md. Shamim Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83830 of 2019 Arising Out of PS. Case No.-3900 Year-2008 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Babloo @ Md. Shamim Akhtar Son of Musleuddin @ Md. Masaluddin Resident of Village - Shahria (Semapur O.P.), P.S.- Barari, District- Katihar ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Md. Sahid Ekbal Son of Md. Wali Resident of Village - Choudhary Mohalla, Katihar, P.S. and District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 420, 465 and other sections of the Indian Penal Code. As per the allegation in the complaint, a motorcycle is said to have been sold by the petitioner to the complainant. The motorcycle belonged to the cousin brother of the petitioner. However, when the complainant deposited the papers in the DTO office, Kishanganj for registration the same were said to be forged.

It is submitted by learned counsel for the petitioner that from the complaint itself it would be evident that the stolen motorcycle had been sold by the complainant to Md. Abdul Hakim who was in possession of the forged document. It was in order to build up a defence that the instant complaint has been filed with false and concocted allegation. Neither any document

Patna High Court CR. MISC. No.83830 of 2019(2) dt.17-12-2019 2/2 nor any sale letter was produced by the complainant in the Court to prove his allegation as alleged against this petitioner. The petitioner has no criminal antecedent and is in custody since 14.10.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the nature of allegations, the contents of the complaint, the petitioner being in custody since 14.10.2019 and having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Complaint Case no. 3900 of 2008. (Partha Sarthy, J) Prakash/- U