Md. Mustak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23086 of 2020 Arising Out of PS. Case No.-464 Year-2019 Thana- FALKA District- Katihar ====================================================== MD. MUSTAK S/o Md. Laik Resident of Village-Aina Mahal (Gulabbagh), P.S-Sadar, District-Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Ravish, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-10-2020 Heard Mr. Kumar Ravish, learned counsel for the petitioner and Mr. Nagendra Prasad, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Falka P.S. Case No. 464 of 2019 registered for the offence under Section 392 of the I.P.C.

The prosecution case as per the First Information Report is that on 11.12.2019 the informant along with his cousin was going on his motorcycle and was intercepted by 03 miscreants, who on the point of gun snatched the motorcycle of the informant and the name of the petitioner has transpired when he was arrested along with the stolen motorcycle. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and the motorcycle in question was purchased by him from one Md. Wakish for a consideration amount of Rs. 30,000/-, out of which Rs. 5,000/- was to be paid at the time of transfer of the

Patna High Court CR. MISC. No.23086 of 2020(3) dt.16-10-2020 2/2 papers of the motorcycle in question. Learned counsel further submits that the name of the petitioner has come on the basis of the confessional statement of the co-accused Md. Wakish. Learned counsel further submits that the petitioner is in custody since 22.12.2019.

Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioner is in custody since 22.12.2019, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular 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, Katihar / court concerned in connection with Falka P.S. Case No. 464 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.

praful/- (Anil Kumar Sinha, J) U T