Noorshad @ Don @ Nurshed @ Noorshad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7008 of 2023 Arising Out of PS. Case No.-168 Year-2017 Thana- KOCHADHAMAN District- Kishanganj ====================================================== NOORSHAD @ DON @ NURSHED @ NOORSHAD ALAM S/O MATIUR RAHMAN Resident of village- Pothimari Jagir, P.S.- Kochadhaman DistrictKishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 379 of the Indian Penal Code.

As per prosecution case, the informant's motorcycle bearing registration No. BR-37H-5956 was kept in the house and when he woke up in the morning, he did not see his motorcycle. It is further alleged that the paper of the vehicle, Bank Passbook, Gas Cylinder passbook and other materials were kept inside the dickey of the motorcycle. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.7008 of 2023(3) dt.19-06-2023 2/2 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. Petitioner has been arrested in Kochadhaman P.S. Case No. 346 of 2021 and remanded in this case, merely on the basis of suspicion. After that petitioner was implicated in many cases by the police. Nothing incriminating/stolen articles have recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 28.06.2022. 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 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 C.J.M., Kishanganj in connection with Kochadhaman P.S. Case No. 168 of 2017.

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