Faijan Mansoori @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7934 of 2024 Arising Out of PS. Case No.-93 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== Faijan Mansoori @ Chhotu Son Of Nasim Mansoori @ Md. Naseer Miyan R/O-Chakwa Ward No. 8, P.S.-Bairganiya, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

3. It is a case of theft of the informant's motorcycle by unknown thief.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Neither the petitioner is named in the F.I.R. nor any incriminating article or motorcycle has been recovered from his conscious possession. He has not been put on T.I.P. His name figured in this case on the basis of recovered motorcycle in

Patna High Court CR. MISC. No.7934 of 2024(2) dt.20-02-2024 2/2 Bairgania P.S. case No. 105 of 2023. Other co-accused namely, Avinash Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dated 29.01.2024 passed in Cr. Misc. No. 3236 of 2024. Petitioner is languishing in judicial custody since 10.07.2023.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner has five criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate I/c, Sitamarhi in connection with Bairganiya P.S. Case No. 93 of 2023.

(Sunil Kumar Panwar, J) lata/- U T