Md. Imtiyaj @ Imtiyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77853 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- JALALGARH District- Purnia ====================================================== MD. IMTIYAJ @ IMTIYAJ Son of Md. Hasim Resident of VillageMatiyarpur, P.S.- Jalalgarh, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Jalalgarh P.S. Case No. 132 of 2019, disclosing the offences under Sections 379, 414, 411, 413 and 401 of the Indian Penal Code.

The petitioner is in custody since 12.10.2019. The First Information Report was registered against unknown. As per the informant's case, he had parked his Motorcycle at a public place, which was found missing after some time. Case diary has been called for. It appears that one coaccused Abdul Qaiyum has been apprehended by the Police. On the basis of his confessional statement, two stolen Motorcycles

Patna High Court CR. MISC. No.77853 of 2019(3) dt.06-03-2020 2/3 were recovered. On the information given by Abdul Qaiyum, the house of the petitioner was also raided leading to recovery of two Motorcycles.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is a Motorcycle Mechanic and he runs a garage. He has submitted that the Motorcycles which have been recovered by the Police are not stolen Motorcycles and no material has come in course of investigation to suggest that the said Motorcycles are stolen Motorcycles. He has accordingly submitted that no offence punishable under Section 414 of the Indian Penal Code is made out even on the basis of recovery of the Motorcycles from his possession. Considering the submission and the custody of the petitioner as noted above, this application is allowed. 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 Sub Divisional Judicial Magistrate, Purnea, in connection with Jalalgarh P.S. Case No.

Patna High Court CR. MISC. No.77853 of 2019(3) dt.06-03-2020 3/3 his bail Bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) S.Ali/- U T