Patna High CourtCR. MISC./43527/2018bail granted

Mustafa v. The State Of Bihar

2018-07-20Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.43527 of 2018 (2) dt.20-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43527 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -KURSAKANTA District- ARRARIA ======================================================

1. Mustafa, S/o Noor Elahi, Resident of Village- Dahwabari, Ward No.13, P.S.- Kursakanta, District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20.07.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 461, 379 and 411 of the IPC.

Petitioner is not named in the FIR and it appears that during the course of investigation the name of this petitioner surfaced on the basis of the information given by spy of police and subsequently, petitioner confessed his guilt leading to recovery of Rs. 50,000/- from his house. Submission on behalf of the petitioner is that petitioner has never made any confessional statement before police and so far as recovery of cash of Rs. 50,000/- is concerned, same belongs to the petitioner and there is

Patna High Court Cr.Misc. No.43527 of 2018 (2) dt.20-07-2018 nothing on record to show that recovered cash was of stolen property.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the petitioner is in jail custody since 23.3.2018 without having any criminal antecedent, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate V, Araria in Kursakanta P.S. Case no. 30/2018.

shahid (Hemant Kumar Srivastava,J) U T