Md. Sakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37591 of 2015 Arising Out of PS.Case No. -447 Year- 2015 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Md. Sakil Son of Md. Muslim R/o village - Sipahpur Near Masjid, P.S. Ahiyapur, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-09-2015 Heard learned counsel for petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 2705-2015 on the accusation that he was caught on the spot and the stolen mobile was recovered from his conscious possession.

Paragraph-3 of the petition reveals that earlier Ahiyapur P.S. Case No. 14 of 2013 was registered against him but the aforesaid case was registered against him for the offences punishable under Sections-323, 324, 325 & 120(B) of the Indian Penal Code. The above fact reflects that prior to institution of the present case; no case of theft had been registered against the petitioner.

Patna High Court Cr.Misc. No.37591 of 2015 (2) dt.03-09-2015 2/2 Accordingly, the petitioner named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ahiyapur P.S. Case No. 447 of 2015 to the satisfaction of Learned Chief Judicial Magistrate, Muzaffarpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T