Sirajul @ Sirajuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18411 of 2021 Arising Out of PS. Case No.-545 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Sirajul @ Sirajuddin, Son of Haidar Ali, R/O Village- Khalpura, P.S.- Muffasil, District- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nawal Kishore Singh, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code. Prosecution case, in brief is that this case is instituted on the written report of S.I. Arun Kumar Singh against the petitioner for recovery and seizure of a motorcycle from his hut on 14.12.2020. Seeing the police party, the petitioner tried to escape but he was apprehended. He did not produce any paper of the said motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.18411 of 2021(2) dt.30-07-2021 2/2 case. The petitioner was purchased the motorcycle for the cost of Rs.17,000/-, who assured to hand over papers of the said motorcycle after few days but he did not give any paper on the same. The petitioner was not in knowledge that the said motorcycle was stolen one. In the meanwhile, he was arrested by the police. He further submits that in the impugned order, the learned court below has observed that the petitioner/accused may renew his prayer for bail after six months from the date of his remand in this case. The petitioner is languishing in judicial custody since 15.12.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Learned APP for the State vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 545/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T