Patna High CourtCR. MISC./11084/2024bail granted

Aftab Alam v. The State Of Bihar

2024-02-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11084 of 2024 Arising Out of PS. Case No.-687 Year-2023 Thana- MAHUA District- Vaishali ====================================================== AFTAB ALAM S/o Late Md. Baraktulla R/o Village-Karhatiya Buzurg, P.S.- Garaul (Katahara O.P.), District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in 687 of 2023 instituted for the offences under Sections 413 and 414 of the Indian Penal Code.

3. The prosecution case, in short, is that on secret information, when the police reached, the accused started fleeing away but were apprehended and one stolen motorcycle and one master key was recovered.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has got no concern with the alleged

Patna High Court CR. MISC. No.11084 of 2024(2) dt.26-02-2024 2/3 recovery of liquor. The petitioner is in custody since 23.10.2023 and has got two criminal antecedents. There is no compliance of Section 100 of Cr.P.C. Similar co-accused has been granted bail by a Coordinate Bench of this Court vide order dated 20.02.2024 passed in Cr. Misc. No. 9053 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. 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 Court below/concerned Court in connection with Mahua P.S. case No. 687 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every

Patna High Court CR. MISC. No.11084 of 2024(2) dt.26-02-2024 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T