Md. Chunna @ Chunna @ Md. Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Md. Chunna @ Chunna @ Md. Kalam, Son of Md. Munna, resident of Mohalla - Tinkothiya near Abeda High School, P.S. Mithanpura, District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 379 of the Indian Penal Code.

The prosecution case, in brief, is that the informant is a labourer and when he went at Harisabha chowk and parked his white motorcycle near Jayka gym and when he returned after half an hour, he found his motorcycle disappeared. Earlier the bail application of the petitioner was rejected vide Annexure-1 to the present application with the observation "at this stage". In the light of said observation, the present application has been preferred on behalf of the petitioner. A report was called for from the trial court. It has

Patna High Court Cr.Misc. No.53 of 2017 (3) dt.08-02-2017 2/2 been reported that charge has been framed.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03.07.2016. He has got no criminal antecedent. The petitioner has not been put on T.I.P. The petitioner is not named in the F.I.R. The other co-accused has been granted bail vide Annexure-4 to the present application by the court below.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. (East), Muzaffarpur, in connection with Mithanpura P.S. Case No. 159 of 2016.

(Sudhir Singh, J) Amit/- U T