Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5724 of 2019 Arising Out of PS. Case No.-146 Year-2017 Thana- MATIHANI District- Begusarai ====================================================== Murari Kumar, Male-24 years, S/o Ram Sanjeevan Singh, Resident of Village- Ramdiri, Ram Nagar, Ward No. 07, Loke Singh Tola, P.S.- Matihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 27.11.2018 in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case as per the written report of Anil Kunwar submitted to the Station House Officer of Matihani Police Station is to the effect that the motorcycle of the informant bearing Registration No. BR09P-0909 was stolen, leading to registration of the FIR against unknown. During investigation, the name of the petitioner sprang up on confession of the co-accused. Subsequently, the motorcycle was recovered, leading to registration of Cheriabariyarpur P.S. Case No. 133 of

Patna High Court Cr.Misc. No.5724 of 2019(2) dt.01-02-2019 2/2 2017 dated 05.09.2017 under Section 414 of the IPC wherein petitioner was also an accused.

It is submitted by learned counsel for the petitioner that the recovery has not been made from the petitioner and the petitioner has been granted bail in the subsequent case. Learned APP submits that the name of the petitioner sprang up during investigation on the confession of co-accused. Considering the fact that the name of the petitioner sprang up during investigation on the confession of apprehended co-accused and there is no reovery from the petitioner, let the above named petitioner 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 learned Judicial Magistrate, Ist Class, Begusarai in connection with Matihani P.S. Case No. 146 of 2017.

(Dinesh Kumar Singh, J) DKS/- U T