Shahzad @ Md. Sahzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2104 of 2017 Arising Out of PS.Case No. -656 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Shahzad @ Md. Sahzad, S/o Mahmood, Resident of village - Bairgachhi, Momin Tola, P.S. - Araria (Bairgachhi), District - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 15-02-2017 Let the supplementary affidavit filed on behalf of the petitioner be kept on record.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Araria (Bairgachhi) P.S. Case No.656 of 2016 registered under Section 379 and, later on, added Section 411 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner has come in this case in the confessional statement of the co-accused Md. Soyeb. Thereafter, the petitioner was apprehended by the police and on

Patna High Court Cr.Misc. No.2104 of 2017 (4) dt.15-02-2017 2/2 his disclosure, two stolen Glamer Motorcycles were recovered from the house of Jitendra Kumar and Sharif and the petitioner was also found in possession of one stolen T.V.S. Motrocycle. Later on, this petitioner was also remanded in Araria P.S. Case No.653 of 2016 registered under Sections 379 and 411 of the Indian Penal Code in respect of the recovery of stolen T.V.S. Motorcycle from his possession. The petitioner, in the present case, is in custody since 28.09.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S. Case No.656 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T