Patna High CourtCR. MISC./56528/2019bail granted

Dharambir Mistry v. The State Of Bihar

2019-09-26Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56528 of 2019 Arising Out of PS. Case No.-125 Year-2019 Thana- JOKIHAT District- Araria ====================================================== Dharambir Mistry Son of Shiwan Lal Mistry Resident of Village- Sukhsena, Police Station- Palasi, District- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 413, 414/34 of the Indian Penal Code. Allegedly, a air gun and a motorcycle are alleged to have been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-03-2019. Charge sheet has already been submitted. One air gun and a motorcycle are alleged to have been recovered. The petitioner had no knowledge that the motorcycle, in question is a stolen property. The petitioner has been made accused in the present case due to mistake of fact. There is no compliance of Section 100 of Cr.P.C.

Patna High Court CR. MISC. No.56528 of 2019(3) dt.26-09-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds 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 Jokihat P.S. Case No. 125 of 2019.

(Sudhir Singh, J) A.K.V.//- U T