Md. Chhote v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5292 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Md. Chhote, aged about 20 years, Male, Son of Md. Hussain @ Hussain, Resident of Village - Korahiya, P.S. - Jainagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with L.N.M.U. P.S. Case No. 178 of 2023 instituted for the offences punishable under Section 379 of the Indian Penal Code.

3. As per the prosecution case, it is a case of theft of a motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He next submits that the petitioner is not named in the FIR and has been arrested by the police only on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has not put on Test Identification Parade. Petitioner has got no criminal antecedent

Patna High Court CR. MISC. No.5292 of 2024(3) dt.21-03-2024 2/2 as stated in para 3 of the petition and is in custody since 27.09.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Sessions Judge, Darbhanga dated 14.12.2023, it appears that petitioner is not named in the FIR and his name transpired in this case during the course of investigation. Petitioner has been arrested in another case and remanded in this case only on the basis of confessional statement of co-accused and there is no any recovery from his conscious possession, accordingly the prayer for bail of the petitioner 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 the learned Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 178 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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