A single-judge oral order granting bail to the petitioner after noting that the first information report did not name him and a stolen motorcycle was recovered from his joint house rather than exclusively his possession.
Petitioner released on bail by furnishing bonds of Rs. 10,000 with two sureties of the like amount.
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Patna High Court Cr.Misc. No.6731 of 2013 (2) dt.17-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6731 of 2013
====================================================== 1. Md. Sonu @ Aftab Son of Md. Farukh .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 2 17-04-2013 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Earlier the prayer for bail of the petitioner was rejected by this Court vide order dated 14.12.2012 passed in Cr. Misc. No. 42900 of 2012 on the ground that stolen motorcycle was recovered from the house of the petitioner but submission on behalf of the petitioner is that the aforesaid recovery was made from the joint house and the father of petitioner has already been granted privilege of bail by another Bench of this Court vide order dated 11.04.2011 passed in Cr. Misc. No. 42742 of 2010.
Admittedly, petitioner is not named in the first information report nor he was put on Test Identification Parade and except the aforesaid recovery as well as some criminal antecedent, there appears to be nothing against him. Moreover, petitioner is in jail custody since 03.05.2012.
Patna High Court Cr.Misc. No.6731 of 2013 (2) dt.17-04-2013
Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner 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 Chief Judicial Magistrate, Muzaffarpur in connection with Maniyari P.S. Case No. 112 of 2009.
(Hemant Kumar Srivastava, J)
SHAHZAD/-
1 issue framed by the court
Whether the petitioner is eligible for release on bail given the recovery of stolen motorcycle from his joint house and lack of FIR naming him?
Md. Sonu @ Aftab
The State Of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
