Sharukh Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2373 of 2016 Arising Out of PS.Case No. -506 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Sharukh Alam, son of Mahboob Alam, Resident of Village- Azad Nagar, P.S.- Araria, District - Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramesh Kumar Singh For the Opposite Party : Mr. Dr. Kr.Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Araria P.S. Case No. 506 of 2015, registered under Section 379 and 411 of the Indian Penal Code.

Learned counsel appearing on behalf of petitioner submits that it would appear from F.I.R. that on the basis of the written statement of informant, namely, Moh. Gulam Hussan regarding theft of his motorcycle, Araria P.S. Case No. 506 of 2015, under Section 379 of Indian Penal Code, was instituted against unknown. On 23.09.2015, on the very same day within two and half hours, the theft motorcycle was said to be recovered behind the Azad Academy School, Araria from the possession of one Md. Jugnu and this petitioner. Further submission is that, in

Patna High Court Cr.Misc. No.2373 of 2016 (3) dt.15-03-2016 2/2 fact, the co-accused Md. Jugnu is nephew of landlord of the informant Master Moh. Ahmad, who had gone with this motorcycle in Azad Academy, where the petitioner was also present and he has falsely been implicated in this case. Further submission is that petitioner has no criminal antecedent and he is in custody since 24.09.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 506 of 2015. Out of two sureties, one surety must be parents/close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T