Md. Rajakna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56831 of 2015 Arising Out of PS.Case No. -260 Year- 2014 Thana -BODHGAYA District- GAYA ======================================================

1. Md. Rajakna son of Mojibur Rahman resident of Mohalla- Gewal Bigha, P.S. Rampur, Dist- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. One Nikon camera and desktop are said to have been recovered from the roof of house of the petitioner for which petitioner is in jail custody since 06.10.2015. The contention on behalf of the petitioner is that roof of the house is an open place and, therefore, it cannot be said that stolen articles have been recovered from conscious possession of the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court Cr.Misc. No.56831 of 2015 (2) dt.16-12-2015 2/2 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Bodh Gaya (Cherhi) P.S. Case No. 260 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T