Rahmat Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63082 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -MANIHARI District- MUZAFFARPUR ====================================================== Rahmat Ali Son of Md. Kaishar @ Kaishar Resident of Mohalla - Takiya Majar Sadpura, P.S. - Kazimohammadpur, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Maniyari P.S. Case No. 130 of 2017 dated 13.07.2017 instituted for the offence under Section 379 of the Indian Penal Code. The motorcycle of the informant was found to have been taken away. Later, it was also found out that motorcycle of another co-villager viz. Pawan Kumar Jha was also missing. The petitioner is stated to have been arrested on secret information provided by the spy of the police.

Mr. Hari Kishore Thakur, learned counsel for the petitioner has submitted that the motorcycle was recovered from a desolate place and the petitioner has no idea about such recovery. Though, it has been submitted that the petitioner has

Patna High Court Cr.Misc. No.63082 of 2017 (2) dt.04-01-2018 2/2 signed the seizure list but that signature was taken under duress. It has further been submitted that motorcycle of the informant was missing from 10.07.2017 but the report regarding the same was lodged on 13.07.2017.

The petitioner has clean antecedent and has remained in custody since 15.07.2017.

Regard being had to the aforestated facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Maniyari P.S. Case No. 130 of 2017. (Ashutosh Kumar, J) Shageer/- U T