Md. Jiyaul Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52752 of 2016 Arising Out of PS.Case No. -125 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Jiyaul Alam, son of Md. Maksud, resident of Mohalla- Mumtaz, P.S.- Naugachia, Dist- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh, Advocate. For the Opposite Party/s : Mr. Sri Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody since 17.03.2016 in connection with S.Tr. No. 367 of 2016 arising out of Kotwali P.S. Case No. 125 of 2016 for offences punishable under Sections 379, 411 and 413 read with Section 34 of the Indian Penal Code. The stolen motor-cycle was allegedly recovered from the possession of the petitioner.

Submission is that in fact the motor cycle was produced by the informant before the police and there is wrong statement regarding recovery from the possession of the petitioner. Md. Jawed Anwar co-accused has been granted bail by another Bench of this Hon'ble Court by order dated 15.07.2016 in Cr.

Patna High Court Cr.Misc. No.52752 of 2016 (2) dt.07-12-2016 2/2 Misc. No. 27241 of 2016.

Considering the period of custody and the nature of allegation, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge 3rd Bhagalpur, in connection with Sessions Trial No. 367 of 2016.

(Birendra Kumar, J) Prakash/- U T