Md. Sani @ Md. Sami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53356 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== MD. SANI @ MD. SAMI S/o Late Basariddin Resident of VillageDaulatpur, P.S.- Ara Muffasil, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 379 of the Indian Penal Code. Prosecution allegation, in short, is that motorcycle of the informant was stolen by unknown accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.5.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. There is no recovery of stolen property from the possession of the petitioner The petitioner has been made accused due to mistake of fact.

Patna High Court CR. MISC. No.53356 of 2019(2) dt.26-08-2019 2/2 On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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, Ara in connection with Ara Town P.S. Case No. 231/19.

(Sudhir Singh, J) Pankaj/- U T