Mohammad Irshad v. The State Of Bihar

Patna High Court Cr.Misc. No.57749 of 2017 (2) dt.18-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57749 of 2017 Arising Out of PS.Case No. -613 Year- 2017 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Mohammad Irshad, S/o Md. Jamil, R/o Bawali Mohalla, P.S.- Hajipur Nagar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Hajipur Nagar P.S. Case No. 613 of 2017, registered under Section 414/34 of the Indian Penal Code.

The accusation is that on receiving information about keeping the stolen motorcycle by Md. Jamil in his house at village Bawali, the informant along with other police officials reached there and raided the house in presence of independent witnesses. In course of raid, one Splenderpro motorcycle was recovered and at that time none was present in the house. On query, villagers disclosed that petitioner theft the motorcycle and his father and wife protect him.

Patna High Court Cr.Misc. No.57749 of 2017 (2) dt.18-12-2017 Learned counsel for the petitioner submits that it would appear from the F.I.R. that petitioner was not apprehended at the spot and the information about keeping the stolen motorcycle by Md. Jamil, father of the petitioner not by the petitioner. Further submission is that petitioner has no criminal antecedent except Hajipur Nagar P.S. Case No. 738 of 2016, registered under Sections 448, 341, 323, 379, 504 and 506/34 of the Indian Penal Code, in which, he is on bail. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Nagar P.S. Case No. 613 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T