Patna High CourtCR. MISC./67888/2019bail granted

Md. Mustak v. The State Of Bihar

2019-10-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67888 of 2019 Arising Out of PS. Case No.-164 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== MD. MUSTAK, aged about 20 years, Male, S/o Md. Yasin, R/o villageRajendra Stadium Jhopri, P.S.- Bhagwan Bazar, District- Saran at Chapra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Vijay Kumar Srivastva, Advocate.

For the Opposite Party :

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

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 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 356 and 379 of the IPC. The prosecution story, in brief, is that on 10.04.2019 at about 1.30 P.M. when the informant came for Suraksha Diagnosis for examination of his ailing brother, the petitioner and one other snatched away some articles. The informant caught the petitioner and other person fled away from there. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 10.04.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no

Patna High Court CR. MISC. No.67888 of 2019(2) dt.24-10-2019 2/2 allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The person who has snatched the articles has already fled away. There is no recovery of any incriminating article from possession of the petitioner. The petitioner had no role in the alleged occurrence. The case is 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 the learned C.J.M. Saran at Chapra, in connection with Bhagwan Bazar P.S. Case No. 164 of 2019.

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