Md. Shahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61694 of 2019 Arising Out of PS. Case No.-344 Year-2019 Thana- KOTWALI District- Patna ====================================================== MD. SHAHIL S/o Md. Yusuf Resident of Village- Noon Ka Charaha, Gulsan Hadri Sampatchak, P.S. Patnacity, Presently resided at Pachim Darbaza, Nai Sadak, P.S.- Khajekallan, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prasad Singh For the Opposite Party/s :

Mrs.Pushpa Sinha 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 379, 411 of the Indian Penal Code.

Allegation is that a key of motorcycle and stolen motorcycle is recovered from the petitioner.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.04.2019 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner had no intention to commit theft of motorcycle in question. He has remained in custody for

Patna High Court CR. MISC. No.61694 of 2019(2) dt.21-10-2019 2/2 six months. Offences are triable by the Magistrate. 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 learned C.J.M., Patna in connection with Kotwali P.S. case No.344 of 2019. (Sudhir Singh, J) Narendra/- U T