Md. Azad @ Md. Aazad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48784 of 2018 Arising Out of PS.Case No. -110 Year- 2018 Thana -SAMASTIPUR District- SAMASTIPUR ====================================================== Md. Azad @ Md. Aazad, Son of Asmat Ansari, resident of Ward No - 7, Lakhnipur Maheshpatti, P.S. - Ujiyarpur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 16.04.2018 in connection with Samastipur Town P.S. Case No.110 of 2018 (G.R. No.767/2018) registered for the offence under Sections 379, 511, 411, 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that one Akhilesh Kumar was arrested on the spot in connection with stealing the motorcycle who disclosed the name of the brother of the present petitioner to be one of the persons, who had tried to commit the theft of the said motorcycle. In pursuance of such statement made by Akhilesh Kumar, motorcycle garage of the brother of the petitioner was raided and from the said garage, two motorcycles were recovered. Since the brother of the

Patna High Court Cr.Misc. No.48784 of 2018 (2) dt.18-08-2018 2/2 petitioner was not present, the petitioner could not produce the paper for the two motorcycles recovered from the said garage, the petitioner has been taken into custody.

Learned counsel for the petitioner submits that the present petitioner has nothing to do with the garage and is a student and has no criminal antecedents. It is also not known as to whether these two motorcycles were, in fact, the stolen motorcycles and any case in this connection has been registered, but the petitioner is languishing in jail. He submits that in view of such facts, the petitioner may be extended the privilege of bail as he has already been in custody for more than four months.

In view of the aforementioned facts and circumstances, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, DistrictSamastipur, in connection with Samastipur Town P.S. Case No.110 of 2018 (G.R. No.767/2018).

(Anjana Mishra, J) PNM U T