Afzal Hussain @ Afjal Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3124 of 2023 Arising Out of PS. Case No.-80 Year-2022 Thana- KURSAKANTA District- Araria ====================================================== 1.

AFZAL HUSSAIN @ AFJAL HUSSAIN S/O FAZLUR RAHMAN R/VBATRAHA, WARD NO 11, P.S.- KURSAKANTA (SONAMANI GUDAM), DISTRICT- ARARIA 2.

MAIMUL HAQUE S/O LATE MUMTAZ ALI R/V- BATRAHA, WARD NO 11, P.S.- KURSAKANTA (SONAMANI GUDAM), DISTRICTARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379 and 411 of the Indian Penal Code.

As per allegation in the FIR, with a view to theft, while petitioner no. 1 was trying to start the informant's motorcycle and petitioner no. 2 was sitting behind, informant run and caught his motorcycle then his vehicle overturned and petitioner no. 1 was apprehended on spot who disclosed that petitioner no. 2 managed to escape.

It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.3124 of 2023(2) dt.03-04-2023 2/2 that petitioners have been falsely implicated in this case due to dirty village politics. This case is triable by judicial magistrate. Petitioners are languishing in judicial custody since 19.4.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM III, Araria in connection with Kursakanta (Sonamani Gudam) P.S. Case No. 80 of 2022.

(Sunil Kumar Panwar, J) sushma/- U