Patna High CourtCR. MISC./18746/2016bail granted

Mukhiya v. The State Of Bihar

2016-05-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18746 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -PARAIYA District- GAYA ====================================================== Mukhiya, Son of Sri Umrawn Yadav, resident of Village- Tarma, P.SParaiya, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Paraiya P.S. Case No. 35 of 2016, disclosing offences under Section 379 of the Indian Penal Code.

The allegation is of theft of C.D. engine from the pump set of the informant. The said C.D. engine was subsequently found in the bicycle of the petitioner.

Learned counsel for the petitioner has submitted that he has no criminal antecedent and out of some confusion, he has been made accused.

Considering the facts and circumstances, this application is allowed.

Patna High Court Cr.Misc. No.18746 of 2016 (2) dt.05-05-2016 2/2 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gaya in connection with Paraiya P.S. Case No. 35 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T