Samsher Uddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53365 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- KATORIYA District- Banka ====================================================== 1.

Samsher Uddin Son of Toso Mian Resident of Village - Pachkathiya, P.S.- Katoria, Distt - Banka.

2.

Guddu Ansari Son of Qaiyum Resident of Village - Pachkathiya, P.S.- Katoria, Distt - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-08-2019 Supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

In the light of the statement made in the supplementary affidavit, Counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the main application in course of the day.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 414 of the Indian Penal Code.

Allegation is that two stolen motorcycles are recovered from the house of the petitioners.

Patna High Court CR. MISC. No.53365 of 2019(2) dt.26-08-2019 2/2 It has been submitted on behalf of the petitioners that the petitioners are in custody since 7.7.2019 and petitioner No.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners had no knowledge that the motorcycles in question are stolen property. They have been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, 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 Sri Roshan Kumar, learned Judicial Magistrate, 1st class, Banka in connection with Katoria P.S. case No.116 of 2019.

(Sudhir Singh, J) Narendra/- U T