Patna High CourtCR. MISC./12976/2017bail granted

Mukesh Yadav v. The State Of Bihar

2017-06-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12976 of 2017 Arising Out of PS.Case No. -160 Year- 2016 Thana -KISHUNPUR District- SUPAUL ====================================================== Mukesh Yadav, Son of Bindeshwari Yadav, Resident of Village - Tilathi, P.S. - Simri Bakhtiyarpur, District : Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kishanpur P.S. Case No. 160 of 2016 instituted for the offence under Section 392 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he is in custody since 22.10.2016. The motorcycle which is alleged to have been recovered from his possession during investigation does not tally with the description of motorcycle given by the police.

Case diary was called for to verify the aforesaid statement. The police stated in paragraph-90 of the case diary about the description of the motorcycle which is alleged to have been recovered from possession of the petitioner which does not

Patna High Court Cr.Misc. No.12976 of 2017 (3) dt.22-06-2017 2/2 tally with the description of the motorcycle given by the informant.

Petitioner is not named in the First Information Report. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 160 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T