Patna High CourtCR. MISC./16404/2016bail granted

Md. Mazhar v. The State Of Bihar

2016-04-22Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16404 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Md. Mazhar Son of Md. Sharfuddin Resident of Village- Thikahan, Basudeo, P.S.-Kathaiya, District-Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Narayan Singh For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under sections 413, 414, 420, 467, 468, 120(B) of the Indian Penal Code.

The petitioner was arrested and one cutter was recovered from his possession. The petitioner accepted that he along with co-accused Md. Raquib committed theft of several motor cycles which were sold to Gajendra Ram. Subsequently, on the basis of confessional statement of co-accused some motor cycles were recovered from the shop of Gajendra Ram and also from possession of one Ranjit Kumar.

Patna High Court Cr.Misc. No.16404 of 2016 (2) dt.22-04-2016 Learned counsel for the petitioner submits that the petitioner was arrested on mere suspicion and, as a matter of fact, the alleged recovery has not been made on the basis of confessional statement of the petitioner. It is further submitted that except the aforesaid case the petitioner has not been made accused in any other case but he was caught by the police and thereafter he was made accused in one another case.

Considering the aforesaid facts and circumstances of the case and the submissions of the parties, the petitioner above named 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 to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Mohammadpur P.S. Case No. 39 of 2016.

(Hemant Kumar Srivastava, J) Amin/- U