Patna High CourtCR. MISC./75514/2019bail granted

Batkhari Mushar @ Batkhari Musahar v. The State Of Bihar

2019-12-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75514 of 2019 Arising Out of PS. Case No.-92 Year-2016 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Batkhari Mushar @ Batkhari Musahar S/o Nifikar Mushar R/o villageChaurasiya, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in a case registered for the offence under sections 457 and 380 of the Indian Penal Code.

As per the allegation in the FIR, in the morning of 04.06.2016 at 4.30 a.m. when the informant woke up, he saw that the door of his house was open and theft of articles mentioned in the FIR had taken place.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. As would be evident from the order of the learned single Judge, name of the petitioner transpired on the confessional statement of co-

Patna High Court CR. MISC. No.75514 of 2019(3) dt.02-12-2019 2/2 accused Surendra Mushahar who has been enlarged on bail by order dated 13.04.2017 passed in Cr. Misc. No. 14110 of 2017, neither the petitioner has put on T.I. Parade nor any incriminating article has been recovered from his possession. He is in custody since 22.07.2019 and has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of case, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 92 of 2016.

(Partha Sarthy, J) Prakash/- U