Md. Kurwan @ Md. Kurban v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6819 of 2025 Arising Out of PS. Case No.-205 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Md. Kurwan @ Md. Kurban Son of Md. Sabbir R/o village - Lauhana, P.S.- Saur Bazar, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjiv Kumar, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Madhepur P.S. Case No. 205 of 2023 instituted for the offence under Sections 461 & 379 of the Indian Penal Code. 3.

Prosecution case in short is that one unknown miscreant has looted four large mobile phones, 10 small mobile phones, one DVR machine and Rs. 80,000/- cash from the shop of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-09-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.6819 of 2025(2) dt.15-02-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. Nothing has been recovered from the possession of the petitioner. Learned counsel submits that petitioner is daily wage labour and he was working hither and thither as a labour for his livelihood. It is lastly submitted that charge sheet has been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, 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 Madhepur P.S. Case No. 205 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.6819 of 2025(2) dt.15-02-2025 3/3 (II) The petitioner shall appear on each and every 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) Raj Kishore/- U T