Patna High CourtCR. MISC./8402/2024bail granted

Md. Faiyaj v. The State Of Bihar

2024-03-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8402 of 2024 Arising Out of PS. Case No.-26 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== 1.

Md. Faiyaj son of Md. Julo Shah Village- Shahpur Pirthipatti W.No-2, PsBhaptiyahi Dist- Supaul 2.

Md. Attaullah @ Md. Attaulla son of Fulman Village- Shahpur Pirthipatti, Ps- Bhaptiyahi Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Bhaptiyahi P.S. Case No. 26 of 2023 dated 19.03.2023 registered for the offence/s punishable u/ss 379 and 414 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have stolen the buffaloes of the informant.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the

Patna High Court CR. MISC. No.8402 of 2024(2) dt.05-03-2024 2/2 conscious possession of the petitioners. The apprehended persons disclosed the name of the petitioners. The petitioners have no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Supaul in connection with Bhaptiyahi P.S. Case No. 26 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T