Shahnawaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12040 of 2017 Arising Out of PS.Case No. -262 Year- 2016 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shahnawaz, S/o Mustakim, resident of Vill- Madhuban, P.S.- Madhuban, Dist- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 411, 413 and 414 of the I.P.C Allegedly, in the house of Krishna Sah one motorcycle was kept after hiding the same and the informant after seeing the motorcycle identified that it is his motorcycle for which case was lodged in Motihari Town Police Station and accordingly the petitioner, Krishna Sah and Vijay Paswan were caught and were forwarded to the police. The petitioner was instigating the informant to purchase that motorcycle.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.12040 of 2017 (2) dt.28-03-2017 2/2 petitioner has not stolen the said motorcycle. As per the version of Vijay Paswan the petitioner tried to sell that motorcycle, the petitioner has got no concern, the same was not recovered from the house of the petitioner and as such the petitioner deserves sympathetic consideration as he is suffering in custody since 25.10.2016 having no criminal antecedent.

The learned A.P.P. opposes prayer for bail of the petitioner.

In the facts and circumstances as stated above, the petitioner shall be released on bail, after completion of six months in custody, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M-IV, Motihari, East Champaran in Madhuban P.S. Case No. 262 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T