Md. Azad @ Md. Azad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25325 of 2020 Arising Out of PS. Case No.-975 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== MD. AZAD @ MD. AZAD ANSARI Son of Siraj Ansari @ Md. Siraj Ansari Resident of Village- Pokhar Basti, Ward No. -18, P.S.- Forbesganj, DistrictAraria. ... ... 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.Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 379 of the Indian Penal Code. Prosecution case, in short, is that unknown thief stolen away the motorcycle of the informant.

Patna High Court CR. MISC. No.25325 of 2020(2) dt.28-09-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.01.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. Stolen motorcycle is recovered from the possession of the petitioner. The petitioner had no knowledge that the motorcycle in question is looted article. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. case No.975 of 2019.

(Sudhir Singh, J) Narendra/- U T