Munna Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36289 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -BALIA District- BEGUSARAI ====================================================== Munna Choudhary, Son of Ram Baran Choudhary, of Village Bhagatpur, P.S. Ballia, District- Begusarai.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Balia P.S. Case No. 71 of 2017 registered for the offence punishable under Sections 379 and 461 of the Indian Penal Code.

Learned counsel for the petitioner submits that the First Information Report is against unknown persons. The articles which were taken away are mentioned in the F.I.R., so far as the present petitioner is concerned, the allegations against him are based on recovery of a C.C. Camera from the house of the petitioner.

Learned counsel however submits that there is no identification of the Camera which allegedly recovered

Patna High Court Cr.Misc. No.36289 of 2017 (2) dt.10-08-2017 from the house of the petitioner, his submission is that the petitioner lives in a joint family and recovery as alleged cannot be attributed to him.

On the other hand, leaned Additional Public Prosecutor for the State opposes the prayer for bail and submitted that the stolen article has been recovered from the house of the petitioner hence his connection in alleged occurrence has been established.

Considering the facts and circumstances of the case and that the statement in paragraph 3 of the application that there is no criminal antecedent of the petitioner and the petitioner is in custody since 28.05.2017, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Balia P.S. Case No. 71 of 2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T