Patna High CourtCR. MISC./50072/2014bail granted

Munshi Rai v. The State Of Bihar

2015-03-03Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.50072 of 2014 (4) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50072 of 2014 Arising Out of PS.Case No. -88 Year- 2014 Thana -GANGABRIDGE DistrictVAISHALI(HAJIPUR) ======================================================

1. Munshi Rai Son of Harnedra Rai Resident of Village-Laxmipur P.S.- Tisiauta, District-Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2015 This matter has been listed under the heading "To be Mentioned" at the instance of the Court as a serious clerical error was detected in the order dated 3.3.2015. The Criminal Misc. No. 50072 of 2014 arises out of Ganga Bridge P.S. case No. 88 of 2014 and it was taken up on 3.3.2015 when the following order was passed granting bail to the petitioner Munshi Rai in connection with the said Ganga Bridge P.S. case No. 88 of 2014.

"Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 379/411 of the Indian Penal Code.

Patna High Court Cr.Misc. No.50072 of 2014 (4) dt.03-03-2015 Petitioner has no criminal antecedent. As per the prosecution case, he was caught with the stolen motorcycle immediately after the occurrence of theft has occurred on 4.8.2014.

Keeping in view the fact that the petitioner has no criminal antecedent and he is in custody for nearly six months, let petitioner above named 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Gangabridge P.S. Case No. 88 of 2014."

An order, which in fact was dictated for Cr. Misc. No.50060 of 2014 arising out of Madanpur P.S. Case No. 139 of 2013 was wrongly typed in the present Cr. Misc. No. 50072 of 2014. The order dated 3.3.2015 passed in Cr. Misc. No. 50072 of 2014 is, therefore, recalled. Cr. Misc. No. 50072 of 2014 stands allowed in terms of the order as quoted above which was passed in open Court on 3.3.2015.

Let this order be communicated to the Court of learned Chief Judicial Magistrate, Auragabad for clarification as well as the learned Chief Judicial Magistrate, Vaishli at Hajipur for the needful.

(Chakradhari Sharan Singh, J) ArunKumar/- U