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Patna High CourtCR. MISC./57326/2019bail granted

Phul Hasan @ Phul Babu @ Md Phul v. The State Of Bihar

2019-11-07Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57326 of 2019 Arising Out of PS. Case No.-130 Year-2016 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== PHUL HASAN @ PHUL BABU @ MD PHUL Son of Fazlur Rahmanb @ Fazlur Anshari Resident of Village - Rahika, P.S.- Rahika, dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 379, 411, 414, 401, 403, 413, 467, 468, 471, 419, 420 and 34 of the Indian Penal Code. Prosecution allegation, in short, is that seven stolen motorcycles were recovered from the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.1.2018. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional

Patna High Court CR. MISC. No.57326 of 2019(3) dt.07-11-2019 2/2 statement of co-accused. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P.

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

Considering the aforesaid facts and circumstances, it is directed that 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 Additional Sessions Judge -V, Madhubani in connection with Madhubani Town P.S. Case No. 130 of 2016, G.R. No. 108 of 2018 (S.T. No. 311 of 2018).

(Sudhir Singh, J) Pankaj/- U T