Alok Kumar @ Monu Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.28633 of 2016 (3) dt.30-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28633 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -TATARPUR District- BHAGALPUR ====================================================== Alok Kumar @ Monu Mishra Son of Ranjay Kumar Chowdhary resident of mohalla- Urdu Bazar P.S.- Tatarpur District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 26.04.2016 in connection with Tatarpur P.S. Case No. 40 of 2016 registered for the offence under Section 379 of the Indian Penal Code. The prosecution story, in brief, is that on 2.4.2016 one Avinash Kumar submitted a written report to the O.C Tatarur alleging therein that on 1.4.2016 he stand his brother's motorcycle bearing Registration no. 13R10M-6211 Engine No. HA10EDBH. J22119 Chasis No. MBLHA 10E WBH 522059 in Dhobia Gali, nearby Laheri tola Cant Service Centre and entered into service centre. When he came back, he found his motorcycle missed. On search the said motorcycle was not traced out then he presumed that said motorcycle has been theft by unknown thieves.

On behalf of the petitioner, it is submitted that the

Patna High Court Cr.Misc. No.28633 of 2016 (3) dt.30-08-2016 petitioner is in custody since 26.04.2016. Charge-sheet has been submitted in the present case. There is no allegation of tempering of witnesses alleged against the petitioner. Petitioner is not named in the FIR. He has not been put on Test Identification Parade to ascertain his implication in the present case. He has been made accused due to his self confession. There is no recovery of any theft property from his possession. It has further been submitted that the petitioner may release after completion of 9 months from the date of custody i.e. 26.04.2016. 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 after completion of 9 months from custody i.e. 26.04.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VII, Bhagalpur in connection with Tatarpur P.S. Case No. 40 of 2016.

(Sudhir Singh, J) Prakash/- U T