Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50564 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Firoz Son of Yunus, Resident of Village- Singarmohni, P.S.- Jokihat, Dist- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code.

Some unknown person committed theft of pump set etc. of the informant. The allegation against the petitioner is that some stolen articles were recovered from the house of this petitioner.

Contention of the petitioner on the last occasion was that the recovered items were of the petitioners and that have wrongly been seized by the authority. The case-diary was called for, which is available and it does not show that any Test

Patna High Court Cr.Misc. No.50564 of 2016 (3) dt.19-12-2016 2/2 Identification Parade of seized articles was conducted by the Investigating Officer. Petitioner has stated on oath that he has got no criminal antecedent.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria/Successor Court in connection with Jokihat Police Station Case No. 63 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T