Md. Hasnain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28035 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Md. Hasnain, Son of Samsul Haque, resident of Sikta, P.S. - Sikta, District - West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sikta P.S. Case No. 17 of 2017 for the offences instituted under Section 414 of the IPC.

The prosecution story, in brief, is that on 17.02.2017, the informant, S.I., Sikta, got a secret information that a blue colour Aayashar Tractor No. BR-22G-8462 loaded with stone chips on Nepali Tailor, is a theft property, the police personnel reached at the spot and seized the tractor with over loaded stone chips on Nepali Tailor.

It has been submitted on behalf of the petitioner that the

Patna High Court Cr.Misc. No.28035 of 2017 (2) dt.06-07-2017 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. He has falsely been implicated in the present case. The petitioner is the owner of the said Tractor. He had purchased the stone chips for his personal use. He has been made accused in the present case merely on the basis of suspicion. There is no substantive evidence to suggest his implication in the present case. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Sikta P.S. Case No. 17/2017 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T