Raghubeer Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1748 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -GADHPURA District- BEGUSARAI ====================================================== Raghubeer Sah, son of Ram Nandan Sah, resident of village-Kamarudin Pur, P.S. Begusarai Muffasil (Singhaul), District-Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Garhpura P.S. Case No.43 of 2016 registered under Sections 379 and 411 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. rather the name of the petitioner has come in course of investigation in this case in the confessional statement of the co-accused Kisho Sah. It is alleged that, thereafter, the theft motorcycle of the present case was recovered from the possession of the petitioner. Further submission is that while it is alleged that the theft motorcycle was recovered from the possession of the petitioner but in the seizure

Patna High Court Cr.Misc. No.1748 of 2017 (2) dt.19-01-2017 2/2 list, which is the part of the F.I.R., the place of seizure has been shown as campus of Garhpura Police Station, which is suffice to falsify about the recovery of theft motorcycle from the possession of the petitioner. The petitioner having no criminal antecedent is in custody since 09.07.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Begusarai, in connection with Garhpura P.S. Case No.43 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T