Chhotu Mia v. The State Of Bihar

Patna High Court Cr.Misc. No.43691 of 2015 (3) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43691 of 2015 Arising Out of PS.Case No. -212 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== CHHOTU MIA Son of Abdul Asin Sah, R/o- Mohalla- Foerpurwa, P.S.- Buxar (T), and District- Buxar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jagdish Prasad For the Opposite Party : Smt. Renu Kumari, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 04.06.2015 in a case instituted under Sections 454, 380, 311, 504 and 500 of the Indian Penal Code.

As per prosecution case, a theft was committed in the Beauty Parlor shop of the informant by known thief in which cash of Rs.20,000/- and some golden items. Further it is alleged that she received abuse on her mobile by a person through mobile late night.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.06.2015. Chargesheet has been submitted in the case. There is no allegation of tampering

Patna High Court Cr.Misc. No.43691 of 2015 (3) dt.30-11-2015 with the evidence against the petitioner. Petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR nor he has been put on test identification parade. It is further submitted that the petitioner may be released after completion of six months in custody from 04.06.2015.

On behalf of the State, it has been submitted that the petitioner's name has come in course of investigation. Considering the aforesaid facts and circumstances, it is directed that the petitioner be released after completion of six months in custody from 04.06.2015 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction learned CJM, Buxar, in connection with Buxar (Town) P.S.Case No.212 of 2015.

(Sudhir Singh, J) B.Kr./- U T