Md. Baso @ Basim Alam @ Md. Basi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24101 of 2015 Arising out of PS.Case No. -375 Year- 2013 Thana -BARAUNI District- BEGUSARAI ====================================================== Md. Baso @ Basim Alam @ Md. Basi, Son of Md. Alimuddin, resident of Alamchak, P.S. Mansoorchak, District - Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jai Prakash Singh, Advocate. For the Opposite Party : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 The petitioner is languishing in custody since 28.02.2015 in connection with Barauni P.S. Case No. 375 of 2013 for the offences instituted under Sections 461 and 379 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 28.07.2013 about 7.13 P.M., the informant Mahendra Rai went at his house from his Dera, his tractor bearing registration no. BR9C-5132 was in the room of Dera and the room of Dera was closed with gate of bamboo. The informant came back at about 10.00 P.M. then he saw that his tractor was not there. The informant informed this information to his mousera brother Radhe Shyam Rai. The informant also informed the driver of his vehicle Ramdesh Rai alias Bilo Yadav on his Mobile No. 9705799188. The informant

Patna High Court Cr.Misc. No.24101 of 2015 (2) dt.06-07-2015 2/2 also informed Garhara O.P. and Chakiya O.P. on mobile and started search. He apprehended that some unknown thieves have committed the theft of tractor.

It has been submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. Further it is submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner has appeared in the present case on the basis of the confessional statement of a co-accused. Further it is pointed out that other co-accused has been granted bail. It is further submitted that the petitioner is in custody since 28.02.2015. It is further submitted that the petitioner may be released on bail after completion of six months in custody. On behalf of the State, it has been submitted that the name of the petitioner has appeared in the present case in course of investigation.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody from 28.02.2015 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai, in connection with Barauni P.S. Case No. 375 of 2013.

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