Bhola Rai @ Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9539 of 2019 Arising Out of PS. Case No.-166 Year-2018 Thana- MOHAMMADPUR District- Gopalganj ====================================================== BHOLA RAI @ BHOLA YADAV S/o Late Chandrika Yadav, resident of village-Basant Chhapra (Maharani), P.S.-Mahamadpur, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 4.1.2019 in a case registered for the offence punishable under Section 414 of the I.P.C.

The prosecution case is that from the courtyard of the petitioner, one stolen motorcycle was recovered. It is submitted by learned counsel for the petitioner that the recovery was actually made from the fodder room/cattle shed, which is an open place. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the petitioner.

Considering the fact that the recovery has been made

Patna High Court Cr.Misc. No.9539 of 2019(2) dt.18-02-2019 2/2 from the open area of the house of the petitioner and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent and the period under custody, let the 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 ACJM Ist, Gopalganj in connection with Mohammadpur P.S. Case No.166 of 2018.

(Dinesh Kumar Singh, J) anil/- U