Md. Mustajir @ Mustajir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35525 of 2016 Arising out of P.S. Case No. - 295 Year - 2016 Thana - ARARIA District - ARRARIA ====================================================== Md. Mustajir @ Mustajir, Son of Late Sakil, Resident of Village - Madhopara, P.S. Araria Bairgachhi, District Araria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party : Mr. Pawan Kumar Chaurasiya, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.05.2016 in connection with Araria P.S. Case No. 295 of 2016 for the offence instituted under Section 379 of the Indian Penal Code.

The prosecution story, in brief, is that some unknown persons stolen away the motorcycle of the informant while he went to mosque.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.05.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of the witnesses alleged against the petitioner. Petitioner has been made

Patna High Court Cr.Misc. No.35525 of 2016 (3) dt.24-10-2016 2/2 accused due to mistake of fact. He has no knowledge that the said motorcycle was stolen property. There is no compliance of Section 100 of Cr.P.C. It is further submitted that the petitioner may be released after completion of nine months in custody from 29.05.2016.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail, after completion of nine months in custody from 29.05.2016, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 295 of 2016.

Kundan (Sudhir Singh, J.) U T