Isharuddin Miyan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10616 of 2019 Arising Out of PS. Case No.-146 Year-2018 Thana- GOPALPUR District- Gopalganj ======================================================

1. ISHARUDDIN MIYAN Son of Maksud Miyan, Resident of Village - Balepur, P.S.- fulwaria, District - Gopalganj.

2. Mantaz Alam Son of Fateh Alam, Resident of Village - Bikrampur, P.S.- Gopalpur, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioners seek regular bail in connection with Gopalpur P.S. Case No. 146 of 2018 for the offences punishable under Sections 379, 411 and 34 of the Indian Penal Code. The allegation is regarding recovery of stolen motorcycle from the petitioners herein.

The learned counsel for the petitioners submits that in view of the antecedent of the petitioners herein, they are ready to deposit cash security for the purposes of grant of regular bail, however, it is submitted that the petitioners are innocent and they had purchased the motorcycle on the basis of oral agreement. It is submitted that though the petitioners are

Patna High Court Cr.Misc. No.10616 of 2019(2) dt.25-02-2019 2/2 accused in two other cases, but they are on bail in one of the said cases. The petitioners are in custody since 11.09.2018. Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioners, above named, on regular bail subject to deposit of a sum of Rs. 50,000/- (Rs. Fifty thousand) cash security and further subject to such conditions as may be imposed by the learned court of A.C.J.M., 11, Gopalganj in connection with Gopalganj P.S. Case No.146 of 2018.

It is needless to state that the aforesaid deposit of Rs. 50,000/- shall be subject to final outcome of the trial. The present bail petition stands disposed of with the aforesaid direction.

(Mohit Kumar Shah, J) Tiwary/- U T