Birbal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51022 of 2016 Arising Out of PS.Case No. -155 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Birbal Yadav Son of Shakaldeo Yadav, Resident of Village- Mirjapur, P.S.- Birauli, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 401, 413, 414, 411, 420, 467, 468and 471 of the I.P.C.

Allegation is that one looted motorcycle was recovered from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.7.2016 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 regarding the recovered motorcycle being a theft

Patna High Court Cr.Misc. No.51022 of 2016 (2) dt.29-11-2016 2/2 property. The other co-accused has been granted bail vide Cr.Misc.No.50883 of 2016.

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 C.J.M., Gopalganj in connection with Barauli P.S. case No.155 of 2016 (G.R. No.2277 of 2016).

(Sudhir Singh, J) Narendra/- U T