Murari Gami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34666 of 2017 Arising Out of PS.Case No. -290 Year- 2015 Thana -MANIGACHI District- DARBHANGA ====================================================== Murari Gami Son of Chandeshwar Gami, R/o Village- Maubehat, P.S.- Manigachhi (Bajitpur O.P.), District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s : Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody in connection with Manigachhi (Nehra O.P.) P.S. Case No. 290 of 2015 registered for the offence punishable under Section 411 of the Indian Penal Code.

The prosecution case, as lodged by the police personnel, is that one motorcycle was found and the pillion rider was the petitioner, who was apprehended and was brought to the police station for query. Petitioner did not produce any paper and on investigation it was found that the motorcycle was purchased by one Vimlesh Roy, who had also claimed insurance from the insurance company and that with regard to the stolen motorcycle

Patna High Court Cr.Misc. No.34666 of 2017 (2) dt.10-08-2017 2/2 Gaighat P.S. Case No. 384 of 2014 had been registered. It has been submitted by the learned counsel for the petitioner that although the occurrence is of 14.12.2015 and the petitioner was brought to the police station for interrogation, but he was not arrested on that very day itself, rather, he was arrested on 04.05.2017 after a lapse of one and half years. He submits that the petitioner is innocent, bears no criminal history and that he has been falsely implicated by the police.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Manigachhi (Nehra O.P.) P.S. Case No. 290 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner.

(Nilu Agrawal, J.) Arjun/- U T