Patna High CourtCR. MISC./13322/2019bail granted

Ashique @ Md. Ashique v. The State Of Bihar

2019-03-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13322 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- ARARIA District- Araria ====================================================== ASHIQUE @ MD. ASHIQUE Son of Md. Nazamuddin @ Mohammad Najam Uddin, Resident of Village-Routa, Police Station-Routa, DistrictPurnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 17.07.2018 in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

The prosecution case is that on theft of a motorcycle of the petitioner, the FIR was registered against unknown. It is alleged that during investigation, the petitioner made his confession in other case and on the basis of the said confession, he has been made accused in the present case. It is submitted by learned counsel for the petitioner that only on the basis of confessional statement of the petitioner before the police in other case, he has been framed

Patna High Court CR. MISC. No.13322 of 2019(2) dt.06-03-2019 2/2 in the present case and there is no recovery from the petitioner. It is further submitted that after lodging of the present case, five other cases have been registered by the police against the petitioner and the investigation has already been concluded. Learned APP for the State submits that the petitioner has confessed his guilt.

Considering the fact that the investigation has already been concluded, let the above named petitioner 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 learned CJM, Araria, in connection with Araria P.S. Case No. 118 of 2018.

(Dinesh Kumar Singh, J) Ashwini/- U T