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Patna High CourtCR. MISC./48453/2016bail granted

Nooruddin v. The State Of Bihar

2017-01-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48453 of 2016 Arising Out of PS.Case No. -252 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Nooruddin, S/o Tasmuddin, Village- Karor Dighli, P.S.- Palasi, DistrictAraria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar Singh, Advocate Mr. Bishwajeet Singh, Advocate For the Opposite Party : Mr. Bhart Lal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 457, 380 of the Indian Penal Code. The case of the prosecution is that some unknown miscreants after breaking the window of the residence and office of the informant, committed theft of household articles, mobile, cash and other electronic goods. The miscreants also after breaking the main gate took away TVS Apache Motorcycle and one water motor pump.

It has been submitted by counsel for the petitioner that the petitioner's name has been disclosed by co-accused Mustajir @ Gajnee on his apprehension.

Patna High Court Cr.Misc. No.48453 of 2016 (4) dt.20-01-2017 2/2 Learned APP has submitted that co-accused Mustajir @ Gajnee has given his confessional statement in para-15 of the case diary and on his statement mobile phone and motorcycle has been recovered from possession of this petitioner as mentioned in para-19 of the case diary. It has further been submitted that petitioner is in custody since 20.08.2016.

From perusal of para-56 of the case diary, it appears that investigation has been completed and charge sheet has been submitted against this petitioner and other accused persons for the offence under Sections 457, 380, 411 of the Indian Penal Code. In the aforesaid circumstances, since investigation has been completed and keeping in view the period spent by the petitioner in custody, let 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 learned Additional Chief Judicial Magistrate-II, Araria, in connection with Jokihat P.S. Case No. 252 of 2016, subject to the condition that both the bailors will be the close relative of the petitioner. (Sanjay Priya, J.) ravi/- U T