Patna High CourtCR. MISC./57142/2019bail granted

Mukesh Choudhary v. The State Of Bihar

2019-09-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57142 of 2019 Arising Out of PS. Case No.-198 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Mukesh Choudhary S/o Late Vijay Choudhary @ Late Vijay Yadav R/o village- Neori, P.S.- Barauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 413 & 414 of the Indian Penal Code. Allegedly, on the basis of secret information, the informant reached at the place of occurrence and on chase, the petitioner was arrested. It is further alleged that a stolen motorcycle was recovered from the co-accused.

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 15-06-2019. Charge sheet has already been submitted. The petitioners have been made accused in the present case due to mistake of fact. The petitioner had no

Patna High Court CR. MISC. No.57142 of 2019(2) dt.11-09-2019 2/2 knowledge that the motorcycle in question is a stolen property. The stolen motorcycle is alleged to have been recovered from co-accused Bittu Tiwary and Guddu. There is no compliance of Section 100 of Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Gopalganj in connection with Barauli P.S. Case No. 198 of 2019.

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