Patna High CourtCR. MISC./57740/2019bail granted

Hari Nandan Sah v. The State Of Bihar

2019-09-13Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57740 of 2019 Arising Out of PS. Case No.-316 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== HARI NANDAN SAH, aged about 28 years, Male, Son of Ram Krishan Sah, Resident of Village - Maldwar, P.S.- Palasi, District- Araria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ram Prawesh Kumar, Advocate.

For the Opposite Party :

Mr.Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 379 and 411 of the IPC. The prosecution story, in brief, is on 02.07.2019 at about 1.00 P.M., the informant's Motorcycle bearing Registration No. BR-37E-6655 has been stolen near D.M. Office. During search, the informant went towards Rampur and he saw that a boy was coming from Rampur on a Motorcycle speedily. On chase, he caught hold the person and identified his said stolen Motorcycle. On query, the thief disclosed his name as Harinandan Sah (petitioner).

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.57740 of 2019(2) dt.13-09-2019 2/2 03.07.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The stolen Motorcycle is alleged to have been recovered. The petitioner had knowledge that the Motorcycle in question is a stolen property. He 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 named in the 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 the learned Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 316 of 2019.

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