Patna High CourtCR. MISC./39255/2017bail granted

Md. Ziarat And ANR v. The State Of Bihar

2017-08-19Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39255 of 2017 Arising Out of PS.Case No. -124 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Ziarat, Son of Md. Lalbabu , R/o Village/Mohalla- Gyanbabu Chowk, Miscott-P.S.-Town, Motihari, District- East Champaran.

2. Md. Imaran Son of Md. Asaruddin, R/o Village/Mohalla- Chhatauni, P.S.- Chhatauni, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Tondon, Advocate For the Opposite Party/s : Mr. Sri Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-08-2017 Heard learned counsel for the petitioners and learned APP for the State.

This is a case registered under Sections 461 and 379 of the Indian Penal Code.

The allegation is regarding theft of engine oil and gear oil from the godown of the informant.

Counsel for the petitioners submits that the FIR has been lodged against unknown persons. The instant petitioners who had earlier arrested in Chakia P.S. Case No. 75 of 2017 have been remanded in the instant case and have been implicated only on the basis of their confessional statement. He further submits that in the

Patna High Court Cr.Misc. No.39255 of 2017 (2) dt.19-08-2017 2/2 said Chakia P.S. Case No. 75 of 2017 they are on bail. Their implication in the instant case is merely on suspicion and without any basis for which they are in custody since 28.03.2017. He also submits that some other persons who have also implicated in the instant case have already been enlarged on bail in Cr. Misc. No. 34122 of 2017 and in Cr. Misc. No. 35157 of 2017 on 20.07.2017 and 04.08.2017 respectively.

In the facts and circumstances of the case, prayer for bail of the petitioners is allowed. Let the petitioners above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari in Mufassil P.S. Case No. 124 of 2017.

(Madhuresh Prasad, J) Prakash/- U T