Md. Rizwan v. The State Of Bihar

Patna High Court Cr.Misc. No.49167 of 2015 (2) dt.22-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49167 of 2015 Arising Out of PS.Case No. -519 Year- 2015 Thana -KATIHAR District- KATIHAR ====================================================== Md. Rizwan S/o Md. Maksood R/o Chaudhary Muhalla, P.S. Katihar Town, Distt. - Katihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Singh For the Opposite Party : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 26.08.2015 in a case instituted under Sections 379 and 411 of the Indian Penal Code.

As per prosecution case, the petitioner was caught red handed on the spot while he was taking away the theft motorcycle by breaking the handle-lock.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.08.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. It is stated that the petitioner attempted to

Patna High Court Cr.Misc. No.49167 of 2015 (2) dt.22-12-2015 commit theft of a motorcycle. In fact, there has been no such recovery of any motorcycle from the conscious possession of the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Katihar in connection with Katihar (Nagar) P.S.Case No.519 of 2015. (Sudhir Singh, J) B.Kr./- U T