Mujibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6007 of 2019 Arising Out of PS. Case No.-204 Year-2018 Thana- BAUNSI District- Banka ====================================================== Mujibur Rahman, aged about 51 years (male), Son of Late Muchi Miya @ Muchi Miyan, Resident of Village- Madhukumi/Madhukupi, Police StationPoriyahat, District- Godda, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 21.08.2018 in a case registered for the offence punishable under Section 379 of the IPC.

The prosecution case, as per the written report of Babu Ram Hansda, dated 19.08.2018 submitted to the Station House Officer, Bausi Police Station, is to the effect that on 18.08.2018 at about 1.45 P.M., the informant parked the motorcycle of his one of the relatives, near the cloth shop of Shivji and went for shopping and when he returned, he found the motorcycle missing, leading to registration of FIR against unknown persons. Subsequently, the petitioner was found using the alleged

Patna High Court Cr.Misc. No.6007 of 2019(2) dt.04-02-2019 2/2 motorcycle and subsequently, the petitioner was arrested and stolen motorcycle was recovered from his possession. It is submitted by learned counsel for the petitioner that the petitioner is under custody for more than five months. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP that recovery has been from the possession of the petitioner.

Considering the fact that the investigation has already been concluded and period under custody, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Baunsi P.S. Case No. 204 of 2018. (Dinesh Kumar Singh, J) Amrendra/- U T