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Patna High CourtCR. MISC./6837/2017bail granted

Abdesh Chaudhary v. The State Of Bihar

2017-04-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6837 of 2017 Arising Out of PS.Case No. -358 Year- 2016 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Abdesh Chaudhary, Son of Suresh Chaudhary , R/o Village- Sanokhara, P.S.- Akbarpur, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 23.11.2016 in connection with Bihar P.S. Case No. 358/2016 registered for the offence punishable under Sections 379, 411 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that he parked his motorcycle in front of his house as he ordinarily does, but in the evening it was found to be stolen. It has been submitted by the learned counsel for the petitioner that First Information Report is lodged against unknown, he bears no criminal history and that he has been made accused on the confessional statement of one Sintu Rajbanshi,

Patna High Court Cr.Misc. No.6837 of 2017 (3) dt.13-04-2017 2/2 who is alleged to have stolen the motorcycle and sold it to the petitioner. He submits that the charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 358 of 2016. (Nilu Agrawal, J) Rajesh/- U T