Patna High CourtCR. MISC./20523/2019bail granted

Mahmood Alam @ Md. Mahmood @ Mahmood v. The State Of Bihar

2019-04-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20523 of 2019 Arising Out of PS. Case No.-851 Year-2018 Thana- ARARIA District- Araria ====================================================== Mahmood Alam @ Md. Mahmood @ Mahmood, Son of Sawood Alam Resident of Village - Sangora, P.S.- Palasi, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 23.12.2018 in a case registered for the offences punishable under Sections 379/411 of the Indian Penal Code.

The prosecution case is that the informant, Dinesh Thakur parked his motorcycle in the premises of Primary Health Centre, Araria at 11.00 A.M. and at 12.30 P.M., he found his motorcycle missing, leading to registration of FIR against unknown. During investigation, the petitioner was apprehended and made confession and consequently the informant's motorcycle was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is bonafide purchaser of the said motorcycle and he had no knowledge about the motorcycle being stolen

Patna High Court CR. MISC. No.20523 of 2019(2) dt.03-04-2019 2/2 one. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the possession of the petitioner and he has made confession.

Considering the fact that the investigation has already been concluded and statement being made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 Chief Judicial Magistrate, Araria in connection with Araria (R.S.) P.S. Case No. 851 of 2018.

(Dinesh Kumar Singh, J) DKS/- U T