Patna High CourtCR. MISC./10395/2019bail granted

Md. Mintu v. The State Of Bihar

2019-02-21Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10395 of 2019 Arising Out of P.S. Case No.-290 Year-2018 Thana- WARISNAGAR District- Samastipur ====================================================== MD. MINTU, aged about 23 years, Male, Son of Md. Khursheed, Resident of Village- Dih Sarsauna, P.S.-Tajpur (Bangra), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 22.10.2018 in connection with Warisnagar (Mathurapur O.P.) P.S.Case No.290 of 2018 for the offence alleged under Section 414 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that during vehicle checking, they intercepted a motorcycle and apprehended the petitioner who did not produce any papers regarding possession of said motorcycle. Accordingly, a seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has falsely been implicated in the aforesaid case. He further

Patna High Court Cr.Misc. No.10395 of 2019(2) dt.21-02-2019 2/2 submits that the motorcycle was not a stolen one and that chargesheet has already been submitted, there being no allegation of tampering with the prosecution evidence. However, learned APP for the State opposes the prayer for bail.

Considering the period of custody and the nature of allegations, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Warisnagar (Mathurapur O.P.) P.S.Case No.290 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Samastipur, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T