Patna High CourtCR. MISC./27041/2015bail granted

Shaheen Qaiser v. The State Of Bihar

2015-07-20Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27041 of 2015 Arising Out of PS.Case No. -156 Year- 2014 Thana -SULTANGANJ District- PATNA ====================================================== Shaheen Qaiser son of late Wasi Ahmad Qaiser resident of Nasheman Apartment, Gandhi Maidan, P.S. Gandhi Maidan, town and district Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Subhdeep Das For the Opposite Party/s : Mr. Chaubey Jawahar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 380, 427, 504 and other sections of the Indian Penal Code.

The informant alleged that the petitioner being the owner of the house committed theft of the entire furniture, refrigerator, register, documents, etc. belonged to him on 27.2.2014.

It is submitted that the petitioner is the house owner and the informant was the tenant. The occurrence is said to have taken place on 27.2.2014 but the FIR was lodged on 16.10.2014, i.e., after about eight months of the occurrence.

Considering the fact that the informant was tenant and

Patna High Court Cr.Misc. No.27041 of 2015 (2) dt.20-07-2015 the FIR was lodged after approximately eight months of the occurrence, the petitioner, above named, in the event of his arrest or surrender in the court below within a period of four weeks from the date of receipt/production of this order, shall be released on bail in connection with Sultanganj P.S.Case No. 156 of 2014 (G.R. No. 3311 of 2014) on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ashutosh Kumar Rai, Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) spal/- U