Md. Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50422 of 2016 Arising Out of PS.Case No. -6 Year- 2016 Thana -KURSELA District- KATIHAR ======================================================
1. Md. Naushad son of Md. Noor resident of Mohalla- Shahjangi, Islampur, Police Station- Jagdishpur, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah For the Opposite Party/s : Mr. Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The allegation against the petitioner is leveled under Sections 414/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioner that the only allegation against the petitioner is that she-goat was recovered from the Car of the petitioner and at that time the petitioner was not present though he was owner of the Car but the driver was taking the Car. There is no allegation against the petitioner. He is business man and has no criminal antecedent. Heard learned APP appearing for the State who could not controvert this fact.
Having heard both sides and considering the facts and
Patna High Court Cr.Misc. No.50422 of 2016 (2) dt.14-12-2016 circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Katihar in connection with Kursela P.S. Case No. 6 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and further that the petitioner will cooperate with the investigation of the case.
(Vinod Kumar Sinha, J) A.I./- U