Md. Masoom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54718 of 2016 Arising Out of PS.Case No. -651 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================
1. Md. Masoom, S/o Md. Ibrar, resident of village - Islamnagar, Ward No. 27, P.S. & District - Araria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-01-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.
The application is for grant of bail in connection with Araria PS case no. 651 of 2016 for the offence under Section 394 and 384 of the Indian Penal Code.
It is submitted on behalf of petitioner that though the allegation is under Section 394 IPC but there is no recovery of stolen articles from him and petitioner is in custody since 27.09.2016 having clean antecedent.
Heard learned APP also.
Having heard both sides. In view of the fact that though there is allegation against the petitioner in the FIR but during investigation stolen articles have not been recovered from
Patna High Court Cr.Misc. No.54718 of 2016 (3) dt.13-01-2017 2/2 his possession and he is in custody for about four months, the bail application of petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Araria P.S. case no. 651 of 2016 with a condition that bailors should have the property within the jurisdiction of learned court below and further condition that he will cooperate in the disposal of the case and petitioner shall make himself available on each and every date except on some genuine reason.
(Vinod Kumar Sinha, J.) rinkee/- U T