Patna High CourtCR. MISC./40352/2019bail granted

Md. Gaithi @ Jahid @ Gaithu @ Md. Gathi v. The State Of Bihar

2019-07-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40352 of 2019 Arising Out of PS. Case No.-116 Year-2018 Thana- POTHIYA District- Kishanganj ====================================================== MD. GAITHI @ JAHID @ GAITHU @ Md. GATHI Son of Late Md. Fazir Resident of Village- Bahadurpur, P.S.- Thakurganj, District- Kishanganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 380 of the Indian Penal Code. The prosecution allegation in short is that the motorcycle of the informant was stolen by the unknown accused person.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.11.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. It is further submitted

Patna High Court CR. MISC. No.40352 of 2019(2) dt.02-07-2019 2/2 that the petitioner may be released after completion of one year in custody.

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

Considering the aforesaid facts and circumstances, on completion of one year in custody, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Kishanganj in connection with Pothia P.S. Case No. 116 of 2018.

(Sudhir Singh, J) Pankaj/- U