Md. Aashique @ Aashique @ Md. Ashique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.754 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- DIGHALBANK District- Kishanganj ====================================================== Md. Aashique @ @ Aashique @ Md. Aashique Alam, son of Md. Rafique Alam @ Rafique Alam, resident of Village-Laxmipur SDasrpanch Tola, Police Station Kodhobadi, District Kishanganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Dighalbank Police Station Case No. 85 of 2019, registered for the offences punishable under Sections 379/413/414/34 of the Indian Penal Code.

The prosecution case is that the police intercepted one motorcycle and arrested three persons riding on the motorcycle, who disclosed that the motorcycle was stolen one and upon search, a Samsung mobile was recovered from the pocket of the petitioner and one knife, two mobiles and three keys of the vehicle were recovered from the pockets of the other two co-

Patna High Court CR. MISC. No.754 of 2020(3) dt.27-05-2020 2/3 accused persons.

Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and he was not aware of the fact that the motorcycle was stolen one. He further submits that the petitioner was a pillion rider and only one Samsung mobile was recovered from his possession, which belongs to him. He further submits that the petitioner is in judicial custody since 10.10.2019. He next submits that the other two co-accused persons have been granted bail by this Court by orders passed in Criminal Misc. Nos. 4658 and 5520 of 2020.

After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and similarly situated co-accused persons have been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj, in connection with Dighalbank Police Station Case No. 85 of 2019.

Patna High Court CR. MISC. No.754 of 2020(3) dt.27-05-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √