Shankar Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23848 of 2016 Arising Out of PS.Case No. -25 Year- 2012 Thana -DUMARIA District- GAYA ======================================================

1. Shankar Bhuiyan Son of Ramdeo Bhuiyan Resident of VillageGoberdaha, P.S.- Dumariya, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 01.04.2016 in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code on the ground that one stolen motorcycle was recovered from Khalihan of the petitioner. Submission on behalf of the petitioner is that Khalihan is an open place and according to prosecution case itself, the aforesaid motorcycle had been covered with straw. It is further submitted that petitioner does not have any criminal antecedent and moreover, even after completion of the investigation, the investigating officer could not succeed to establish that the aforesaid motorcycle was stolen motorcycle.

Patna High Court Cr.Misc. No.23848 of 2016 (3) dt.13-07-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Sub Divisional Judicial Magistrate, Sherghati at Gaya in connection with Dumariya P.S. Case No. 25 of 2012.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T