Patna High CourtCR. MISC./54163/2019bail granted

Chotu Kumar @ Chotu Mandal v. The State Of Bihar

2019-08-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54163 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Chotu Kumar @ Chotu Mandal Son of Ram Pragas Mahto @ Jhotomandal Resident of Village - Nimachakhaidar, P.S.- Chakmaisi, dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 379 of the Indian Penal Code.

Allegedly, the motorcycle of the informant, parked out of the hospital, was found missing.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-03-2019. Charge sheet has already been submitted. The petitioner is not named in the FIR. Theft motorcycle was recovered from outside the house of the petitioner. The petitioner had no knowledge that the motorcycle in question is a stolen property. The case is triable by the

Patna High Court CR. MISC. No.54163 of 2019(2) dt.28-08-2019 2/2 Magistrate. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let 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, Darbhanga in connection with Laheriasarai P.S. Case No. 128 of 2019.

(Sudhir Singh, J) A.K.V.//- U T