Suraj Goshain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32492 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- RAJNAGAR District- Madhubani ====================================================== Suraj Goshain Son of Late Ayodhi Goshain Resident of Village - Mangrauni Gorakshani Dakshini, P.S.- Rajnagar, District - Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 461, 379 of the Indian Penal Code.

The prosecution case in brief is that while the informant was sleeping in his house, an unknown thief breaking the gate entered into the house and took away mobiles, cash, ATM Card, driving licence, owner book, Pan Card, Adhar Card etc. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-03-2019. The petitioner is not named in the FIR. The mobile in question was stolen by son of the petitioner. The petitioner used the said mobile for some

Patna High Court CR. MISC. No.32492 of 2019(2) dt.16-05-2019 2/2 period as he had no knowledge that the same is a stolen property. There is no recovery of any incriminating articles from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the petitioner named above is directed to 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 Additional Chief Judicial Magistrate-Ist, Madhubani in connection with Rajnagar P.S. Case No. 50 of 2019. (Sudhir Singh, J) A.K.V.//- U T