Patna High CourtCR. MISC./50639/2016bail granted

Anwarul Haque v. The State Of Bihar

2016-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50639 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Anwarul Haque Son of Late Mohboob Buksh, Resident of Village- Simalya, P.S. Baisi, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Helal Ahmad, Advocate. For the Opposite Party : Mr. Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 18.06.2016 in connection with Baisi P.S. Case No. 89 of 2016 for the offences instituted under Sections 413 and 414 of the IPC. The prosecution story, in brief, is that the informant recovered a Tempo without number from the house of the petitioner. On enquiry, he informed the informant that he has purchased the said Tempo from one Md. Rahid, who is relative of his close Md. Shahid.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.06.2016 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.50639 of 2016 (3) dt.20-12-2016 2/2 tampering of the witnesses alleged against the petitioner. He has been made accused in the present case due to mistake of fact. The petitioner is a bonafide purchaser of the said Tempo. He had no knowledge that the said Tempo was stolen property. It is further submitted that the petitioner may be released on bail after completion of nine months in custody from 18.06.2016. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of nine months in custody from 18.06.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea, in connection with Baisi P.S. Case No. 89/2016.

U.K./- (Sudhir Singh, J) U T