Md. Hasan @ Md. Hassan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16423 of 2015 Arising Out of PS.Case No. -5 Year- 2015 Thana -MADHUBANI TOWN District- MADHUBANI ======================================================
1. MD. HASAN @ MD. HASSAN son of Md. Kasim resident of VillageKapasiya, P.s -Arer, District- Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Rajendra Singh Shastrijee (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 05/2015 for the offences punishable under sections 414 and 401 of the Indian Penal Code. The prosecution case, in brief, is that while the informant, namely, Hare Krishna Mishra, S.I. of Town P.S. was on patrolling duty at Kotwali Chowk, he received a confidential information regarding the theft of a motor cycle, and on receiving the said information the informant along with the police party moved towards Bhauwara where he saw that three persons
Patna High Court Cr.Misc. No.16423 of 2015 (2) dt.10-06-2015 2 / 3 including the petitioner were going on a motor bike and on chase they were caught. On query, they could not produce any paper regarding the motor cycle and when the Dicky of the motor cycle was searched, a small hammer, scrub and one Chheni were recovered, and thereafter the motor-cycle along with the said articles was seized.
It has been submitted on behalf of the petitioner that the petitioner is one of the person who was sitting on the motorcycle which is alleged to be the theft property. Further, it has been submitted that for the theft motorcycle, no case has been instituted, rather the said motorcycle belongs to one Md.Mojim, who happens to be the friend of the petitioner. Further, it has been submitted that the other co-accused in the present case, namely, Md. Junaid Alam and Ranjan Choudhary have been granted bail by this Court-vide order dated 28-4-2015 in Cr.Misc.No. 14593/15 and order dated 26-3-2015 in Cr.Misc.No.12436 of 2015 respectively.
It has been further submitted that the petitioner has no criminal antecedent and he is in custody since 5-1-2015. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the facts and circumstances of the case, let
Patna High Court Cr.Misc. No.16423 of 2015 (2) dt.10-06-2015 3 / 3 the petitioner Md. Hasan @ Md. Hassan be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 5/2015 corresponding to G.R. No. 31/2015. (Sudhir Singh, J) B.Roy/- U T