Patna High CourtCR. MISC./27111/2020bail granted

Md. Gulzar v. The State Of Bihar

2020-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27111 of 2020 Arising Out of PS. Case No.-214 Year-2019 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== MD. GULZAR Son of Mojibul Rahman Resident of Village - Naspatti, P.S. - Ladaniya, Dist. - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2020 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 allegation, in short, is that the motorcycle of the informant was stolen away by the accused person.

Patna High Court CR. MISC. No.27111 of 2020(2) dt.20-10-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.12.2019. Chargesheet/prosecution report 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. The motorcycle in question has not been recovered from the possession of the petitioner. The petitioner has already remained in custody for more than nine months. The recovery of motorcycle in question is from the other co-accused. 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, it is directed that 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 learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 214/2019, corresponding to C.R.I. No. 1095/2019.

(Sudhir Singh, J) Pankaj/- U T