Minto Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.30788 of 2016 (3) dt.27-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30788 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -PRATAPGANJ District- SUPAUL ====================================================== Minto Kumar Jha son of Anil Jha, resident of village Hariraha, Police Station Karjan, District - Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 420, 467, 468, 471, 414 and 120B/34 of the I.P.C.

The prosecution story, in brief, is that on the alleged date and time of occurrence while the informant and other police personnel were on patrolling duty, the petitioner along with another on one motorcycle came rashly and negligently. They were caught by the police party and they disclosed the name as the petitioner and after search police party seized the motorcycle. On verification it was found that the number plate and number mentioned in the owner book is not same and engine number has also been tampered. It is further alleged that the petitioner is

Patna High Court Cr.Misc. No.30788 of 2016 (3) dt.27-09-2016 alleged to have prepared forged and fabricated owner book of the motorcycle, which is stolen.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.3.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner had no knowledge that the alleged motorcycle happened to be stolen one. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Sub Divisional Judicial Magistrate, Birpur at Supaul in connection with Pratapganj P.S. case No.28 of 2016.

(Sudhir Singh, J) Narendra/- U T