Md. Farooque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38349 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- JOKIHAT District- Araria ====================================================== Md. Farooque Son of Taslim @ Md. Taslim Resident of Village - Ahmad Nagar, P.S.- Jokihat, Distt - 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.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 413, 414 of the Indian Penal Code.

Allegation is that one motorcycle, an air gun and a dagger are recovered from the possession of the accused persons. They have not produced any papers regarding ownership of the motorcycle. The accused persons were found to be indulged in sale and purchase of stolen motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2019 and has got no criminal antecedent. Charge sheet has been submitted in this

Patna High Court CR. MISC. No.38349 of 2019(4) dt.04-09-2019 2/2 case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner had no knowledge that the motorcycle in question is stolen property. He has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Chief Judicial Magistrate, Araria in connection with Jokihat P.S. case No.125 of 2019.

(Sudhir Singh, J) Narendra/- U T