Md. Kaushar v. The State Of Bihar

Patna High Court Cr.Misc. No.61483 of 2018 (2) dt.06-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61483 of 2018 Arising Out of PS.Case No. -234 Year- 2017 Thana -BHARGAMA District- ARRARIA ======================================================

1. Md. Kaushar, Son of Md. Jamal, Resident of Village-Pokhariya Tola, P.S. Srinagar, District-Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-10-2018 Heard both sides.

The petitioner seeks bail in Bhargama P.S. Case No.234 of 2017 registered under Section 379 of the Indian Penal Code.

The petitioner is not named in the F.I.R.

The learned counsel for the petitioner submits that the name of the petitioner surfaced in the case in the confessional statement of co-accused. The stolen motorcycle was recovered from the possession of the co-accused and not from the possession of the petitioner. Save and except the confession, there is no material to show the involvement of the petitioner in the alleged crime and for that, the petitioner is in jail since 27.02.2018. Considering the facts aforesaid and the nature of

Patna High Court Cr.Misc. No.61483 of 2018 (2) dt.06-10-2018 allegation made against the petitioner and the fact that the petitioner has already remained in jail for more than six months, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No.234 of 2017.

(Prabhat Kumar Jha, J) Saurabh/- U T