Patna High CourtCR. MISC./35216/2019bail granted

Gajni @ Mustajir v. The State Of Bihar

2019-05-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35216 of 2019 Arising Out of PS. Case No.-405 Year-2018 Thana- JOKIHAT District- Araria ====================================================== GAJNI @ MUSTAJIR S/o Wajbul R/o village- Laliya Ward No. 09, P.S.- Jokihat, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 09.01.2019 in a case registered for the offences punishable under Sections 414/34 of the IPC.

The prosecution case is that one stolen TVS Apache motorcycle was recovered from one Md. Kalam, who suggested that he purchased the alleged motorcycle from the petitioner. It is submitted by learned counsel for the petitioner that there is no documentary proof with regard to selling the alleged motorcycle by the petitioner to the apprehended co-accused. A statement has been made in paragraph no.3 of the petition that the petitioner is also accused in five other cases, but in all these cases, he is on bail.

Patna High Court CR. MISC. No.35216 of 2019(2) dt.29-05-2019 2/2 Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused. Considering the fact that investigation has already been concluded, no recovery has been made from the possession of the petitioner and period under custody, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. Case No. 405 of 2018.

The learned Court below will be at liberty to cancel the bail bonds of the petitioner if the petitioner defaults for two consecutive occasions or if he gets substantially involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Amrendra/- U T