Patna High CourtCR. MISC./40076/2019bail granted

Md. Asgar v. The State Of Bihar

2019-08-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40076 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== MD. ASGAR, Son of Md. Mustak, Resident of Village - Maripur, I.B. Road, P.S.- Kazi Mohammadpur, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mazharul Hassan For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kazi Mohammadpur P.S. Case No.87 of 2019 instituted for the offence under Section(s) 379 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery of any motorcycle from his conscious possession.

In the written report, it is alleged that the informant went to Ravindra Pd. Singh, who is a BJP leader, and when he returned he did not find his motorcycle.

During investigation, aforesaid motorcycle was recovered by the police on the basis of confessional statement

Patna High Court CR. MISC. No.40076 of 2019(3) dt.29-08-2019 2/2 made by the petitioner. Besides such allegation, there is no material against the petitioner.

Petitioner is in custody since 11.03.2019 having clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 Additional Chief Judicial Magistrate, 1st, Muzaffafrpur, in connection with Kazi Mohammadpur P.S. Case No.87 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T