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Patna High CourtCR. MISC./11882/2023allowed

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

2023-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11882 of 2023 Arising Out of PS. Case No.-311 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== NOORSHAD @ DON @ NURSHED @ NOORSHAD ALAM S/O MATIUR RAHMAN R/v- Pothimari jagir, P.S.- Kochadhaman, district- Kishanganj ... ... 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.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 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 Sections 461 and 379 of the Indian Penal Code.

As per prosecution case, informant was working as Panchayat Sevak in Gram Panchayat Maudho. When the informant received informant that there has been theft in the Government building Maudho. Informant reached that place and found that prima facie the records; page of the financial year; some records papers and chair were stolen.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and he

Patna High Court CR. MISC. No.11882 of 2023(2) dt.25-04-2023 2/2 has been arrested in connection with Kochadhaman P.S. Case No. 346 of 2021 and remanded in this case merely on the basis of suspicion. There is no consistent evidence against the petitioner and no incriminating article has been recovered from the possession of the petitioner. No T.I. Parade has been done. On the basis of his criminal antecedents, he has been made accused in the present case. He is languishing in judicial custody since 26.03.2022.

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 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, Kishanganj in connection with Kochadhaman P.S. Case No. 311 of 2021. (Sunil Kumar Panwar, J) arish/- U T