Md. Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11360 of 2019 Arising Out of PS. Case No.-359 Year-2018 Thana- ARARIA District- Araria ====================================================== MD. MUNNA Son of Rashid Resident of Village- Mantu Chowk, Ward No.18, P.S.- Tarabari, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mrs.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-02-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Araria (Bairgachhi) P.S. Case No. 359 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation is regarding theft of tractor loaded with cement bags by the accused persons.

The learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has transpired during the course of confessional statement made by the co-accused person, namely, Md. Shabaitullah @ Md. Sabetulla. It is submitted that neither any recovery has been made from the petitioner nor any T.I. Parade has been held so

Patna High Court CR. MISC. No.11360 of 2019(2) dt.25-02-2019 2/2 as to connect the petitioner with the alleged crime. It is further submitted that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court by order dated 07.01.2019 passed in Criminal Misc. No. 70305 of 2018. Lastly, it is submitted that the petitioner is languishing in custody since 06.12.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria (Bairgachhi) P.S. Case No. 359 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T