Durwesh @ Md. Durbes v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53846 of 2016 Arising Out of PS.Case No. -610 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Durwesh @ Md. Durbes, S/o Sainul, Resident of Village-Gogra, P.S. Jokihat, District - Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 30.09.2016, in connection with Araria P.S. Case No. 610 of 2016, registered for offences punishable under Sections 379 and 411 of Indian Penal Code.

Allegation is of recovery of one stolen motorcycle from the petitioner.

It has been submitted on behalf of the petitioner that on the basis of confessional statement of the other co-accused, one stolen motorcycle was recovered, which was lying outside the house of the petitioner. The petitioner has no criminal antecedent and he has been in judicial custody since 30.09.2016 Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.53846 of 2016 (2) dt.15-12-2016 2/2 Considering the aforementioned facts and circumstances, nature of offence, the period of custody and also that the alleged motorcycle was not found from the possession of the petitioner rather it was found outside the house of the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 610 of 2016.

(Vinod Kumar Sinha, J) sunil/- U