Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25883 of 2015 Arising out of PS.Case No. -85 Year- 2014 Thana -SAHIYARA District- SITAMARHI ====================================================== Arvind Rai, son of Bindeshwar Rai, resident of village- Laxmipur, P.S.- Bela, District- Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party : Mr. A.K.Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 10.08.2014 in connection with Sahiyara P.S. Case No. 85 of 2014 for the offences instituted under Section 392 of the I.P.C. Subsequently, Section 411 of the I.P.C. was also added. It is alleged that the accused persons snatched the motorcycle, mobile phone and Rs. 200/- from the informant on the point of pistol.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.08.2014 and the charge sheet has been submitted in the present case. It is further submitted that the case is triable by the Magistrate and the maximum sentence that

Patna High Court Cr.Misc. No.25883 of 2015 (3) dt.02-09-2015 2/2 can be passed is three years of custody and the petitioner has already remained in custody for more than one year. On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. but on the basis of confession of the petitioner the alleged motorcycle is said to have been recovered.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 C.J.M., Sitamarhi, in connection with Sahiyara P.S. Case No. 85 of 2014. U.K./- (Sudhir Singh, J) U T