Patna High CourtCR. MISC./36162/2019bail granted

Akbar @ Sanichar @ Md. Akbar v. The State Of Bihar

2019-06-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36162 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- JOKIHAT District- Araria ====================================================== Akbar @ Sanichar @ Md. Akbar S/o Ismile R/o village- Sisauna, P.S.- Jokihat, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379 of the Indian Penal Code.

Allegedly, the informant's Bhanja, having parked his motorcycle near the Registry office, Jokihat went into the office and on return, his motorcycle was found missing. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-01-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. The petitioner is alleged to have been apprehended with the motorcycle, in question. The petitioner had no knowledge that

Patna High Court CR. MISC. No.36162 of 2019(3) dt.20-06-2019 2/2 the motorcycle in question is a stolen property. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/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 Shri Ashish Ranjan, learned Judicial Magistrate-Ist Class, Araria in connection with Jokihat P.S. Case No. 54 of 2019.

(Sudhir Singh, J) A.K.V.//- U T