Anand Kumr Sah @ Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29641 of 2016 Arising Out of PS.Case No. -138 Year- 2015 Thana -SIWAN MUFFASIL District- SIWAN ====================================================== Anand Kumr Sah @ Anand Kumar son of Sri Hridya Shankar Sah, resident of village-Mauza Mahaicha, P.S.-Hathua, Distt.-Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 413 and 414 of the Indian Penal Code. Allegation against the petitioner is that stolen motorcycle was seized from his possession and no document could be produced on demand by the police.

It has been submitted on behalf of the petitioner that he is in custody since 28.4.2015. Chargesheet has been submitted against the petitioner. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner had no knowledge regarding the recovered motorcycle being a stolen one. He has been made accused due to mistake of fact. There is no compliance of Section 100 of the Code of Criminal Procedure. On behalf of the State, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.29641 of 2016 (3) dt.05-09-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Siwan, in connection with Siwan (Muffasil) P.S. Case no. 138 of 2015 giving rise to Sessions Trial no. 69 of 2016. (Sudhir Singh, J) sudip/- U T