Balmukund @ Baila v. The State Of Bihar

Patna High Court Cr.Misc. No.26487 of 2016 (3) dt.26-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26487 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Balmukund @ Baila Son of Sri Baleshwar Prasad, Resident of Village - Karhain, P.S. - Bohoswari, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Braj Kishore Prasad Sinha, Advocate. For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 20.03.2016 in connection with Bihar P.S. Case No. 110 of 2016 registered for offences under Section 379 of the Indian Penal Code. The prosecution story, as alleged by informant is that his TVS Apache motorcycle No. BR-S2-8525 was stolen away by some one in the night of 15.03.2016 at about 11 A.M. which was parked near the house of Kamlesh Prasad. During course of investigation, the stolen motorcycle was recovered from the possession of the petitioner along with the key of the said motorcycle.

On behalf of the petitioner, it is submitted that the petitioner

Patna High Court Cr.Misc. No.26487 of 2016 (3) dt.26-08-2016 is in custody since 20.03.2016. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. The recovery of theft motorcycle is denied by learned counsel for the petitioner. Other co-accused namely, Amrendra Kumar, has been granted bail vide Cr. Misc. No. 20367 of 2016.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 110 of 2016. .

(Sudhir Singh, J) Prakash/- U T