Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40663 of 2016 Arising Out of PS.Case No. -279 Year- 2016 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Md. Shamim S/o Md. Najir residents of Village- Dumaria, P.S. Pawakhali, Distt- Kihanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-379/411 of the Indian Penal Code.

Petitioner is not named in the first information report but the informant claims that after theft of this motorcycle, his maternal nephew informed him that local people had caught the thief along with stolen motorcycle.

Submission on behalf of petitioner is that the petitioner was caught by local people on mere suspicion and as a matter of fact, nothing had been recovered from his conscious possession. The petitioner is languishing in jail custody since 03-07-2016 and does not have any criminal antecedent.

Patna High Court Cr.Misc. No.40663 of 2016 (3) dt.04-10-2016 2/2 Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with K. Hat P.S. Case No. 279 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-II, Purnea. (Hemant Kumar Srivastava, J) A.K.V./- U T