Md. Lali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31364 of 2019 Arising Out of PS. Case No.-1100 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== MD. LALI, Son of Late Md. Sharif @ Mohammad Shrif, Resident of Village - Masjid Choke, P.S.- Madhepura, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Madhepura P.S. Case No.1100 of 2018 instituted for the offence under Section(s) 457, 380 Indian Penal Code.

Counsel for the petitioner submits that petitioner has clean antecedents. He is co-villager. He has been falsely implicated in this case.

In the written report, it is alleged that on the date of occurrence the informant got awake on hearing sound and found this petitioner in the house. He was taking out articles from the Godrej Almirah, trunk etc. Hammer and iron instrument was also recovered from his possession. It is further alleged that this petitioner told the informant that one another person was also

Patna High Court CR. MISC. No.31364 of 2019(2) dt.10-05-2019 2/2 with him, but has fled away with money. He did not know name of that person. The informant produced the petitioner before the police.

In this manner, from the written report, it appears that petitioner is said to have been caught inside the house while committing theft. There is no recovery of any incriminating article from his possession. Petitioner has been produced by the informant before police.

Petitioner is in custody since 29.12.2018 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.1100 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T