Sabir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3986 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- KOTWA District- East Champaran ====================================================== Sabir Alam, aged about 23 years, Male, son of Akhtar @ late Akhtar Ansari resident of village-Motnaje, P.S- Chiraiya, dist- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 379, 506 of the Indian Penal Code.

Petitioner is not named in the first information report but in course of investigation, investigating officer got secret information that the stolen vehicle has been brought to a garage for dainting-painting and having got the aforesaid information he went there and learnt that petitioner along with stolen vehicle has been arrested by the local police. Subsequently, the investigating officer seized the stolen vehicle. Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.3986 of 2019(3) dt.29-03-2019 2/2 that as a matter of fact, petitioner was never arrested at the garage nor the stolen vehicle was found in possession of the petitioner rather petitioner was arrested from his house. To fortify his above stated contention, learned counsel of the petitioner points out that the garage from which the stolen vehicle was recovered was situated at Chipahi More whereas both the witnesses on the seizure list are of village Motnaje, covillagers of the petitioner and, therefore, the aforesaid fact clearly indicates the false implication of the petitioner. Moreover, petitioner does not have any criminal antecedent and is languishing in jail custody since 30.08.2018.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-10, Motihari, East Champaran in connection with Kotwa P.S. Case No. 208 of 2018.

(Hemant Kumar Srivastava, J) shahzad/- U T