Md. Shanu Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36783 of 2017 Arising Out of PS.Case No. -136 Year- 2017 Thana -SHRIKRISHNAPURI District- PATNA ======================================================

1. Md. Shanu Alam Son of Md. Tamanna, R/o House No.47, New Golghar Chawraha, P.S.- Gandhi Maidan, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 22.05.2017 in connection with Sri Krishnapuri P.S. Case No. 136/2017 for offences punishable under Section 414 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that during course of vehicle checking they found three persons on a motorcycle without number. On seeing the police one person fled away and two persons including the petitioner were apprehended. They could not give any satisfactory explanation regarding the said motorcycle, which was alleged to

Patna High Court Cr.Misc. No.36783 of 2017 (2) dt.19-08-2017 2/2 be stolen one.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that he was not the driver of the motorcycle but only a rider. He further submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Praveen Kumar, learned Judicial Magistrate, 1st Class, Patna, in connection with Sri Krishnapuri P.S. Case No. 136/2017. (Nilu Agrawal, J) Rajesh/- U T