Birendra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48731 of 2016 Arising Out of PS.Case No. -175 Year- 2016 Thana -FATEHPUR District- GAYA ======================================================

1. Birendra Chaudhary S/o Late Babulal Chaudhary resident of VillageNimada, P.S.- Sirdala, District- Nawada. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2017 Heard both sides.

The petitioner seeks bail in Fatehpur case No. 175 of 2016 under Section 379 of the Indian Penal Code. The informant lodged the case against unknown for theft of his motor cycle bearing registration No. BR 02S-1540. The learned counsel for the petitioner submits that the motor cycle was recovered in front of the house of petitioner and not from conscious possession of the petitioner. The petitioner is in jail since 27.06.2016 and he has got no criminal antecedent. Considering the facts aforesaid and the fact that motor cycle was recovered from varanda of the house of petitioner, petitioner has already remained in jail for more than six months and he has got no criminal antecedent, the above named petitioner

Patna High Court Cr.Misc. No.48731 of 2016 (2) dt.09-01-2017 2/2 is directed to 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 the learned Chief Judicial Magistrate, Gaya in Fatehpur P.S. Case No. 175 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T