Akhtar Hussain @ Akhtar Hussin @ Pardeshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23359 of 2019 Arising Out of PS. Case No.-337 Year-2018 Thana- KOTWA District- East Champaran ====================================================== 1.

Akhtar Hussain @ Akhtar Hussin @ Pardeshi, aged about 26 years (Male), S/o Late Hamid Mian @ Hamid Mia, R/o village- H.K. Bhatta Road, P.S.- Nehati (Naihati), District- Uttar Chaubish Pragana, Kolkata (West Bengal). 2.

Sheikh Kalamuddin @ Chhotu, aged about 25 years, (Male), S/o Late Sk. Sahabuddin @ Md. Sahabuddin, R/o village- H.K. Bhatta Road, P.S.- Nehati (Naihati), District- Uttar Chaubish Pragana, Kolkata (West Bengal). ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Kundan Rathore and Mr. Prem Sheela Pandey, Advocates.

For the Opposite Party :

Mr.Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 20.12.2018 in a case for the offence registered under Sections 414/34 of the IPC.

The prosecution story, in brief, is that on 20.12.2018 at 8.30A.M., the informant arrested the petitioners with a Blue Apache Motorcycle. They did not produce any paper. On enquiry, they told that they have purchased the said Motorcycle for Rs. 10,000/-from Raju Kumar (Bus Stand of Muzaffarpur Wale).

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.23359 of 2019(3) dt.08-05-2019 2/2 petitioners that the petitioners have got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners had no knowledge that the Motorcycle was a stolen property.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 10th, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 337 of 2018.

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