Patna High CourtCR. MISC./52514/2016bail granted

Akhtar v. The State Of Bihar

2017-01-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52514 of 2016 Arising Out of PS.Case No. -99 Year- 2016 Thana -POTHIYA District- KISANGANJ ======================================================

1. Akhtar, Son of Late Yasin Ali, Resident of village - Virpur, Police Station - Pothia in the district of Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Pothia P.S.Case No.99/16 for the offence under Section 414/34 of I.P.C. The petitioner was allegedly identified by the local chaukidar wherein along with other co-accused persons petitioner was involved in cutting the electric wire. The pieces of wire was also recovered by the police.

Submission of the petitioner is that he has got no criminal antecedent. Nothing was recovered from physical possession of the petitioner nor he was arrested at the spot and only on suspicion the petitioner has been named. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.52514 of 2016 (3) dt.17-01-2016 2/2 State that the case diary does not reveal that the petitioner was identified while he was cutting and carrying the stolen wire. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of A.C.J.M.-II, Kishanganj, in Pothia P.S. Case No.99 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Birendra Kumar, J) AnilKrSinha/- U T