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Patna High CourtCR. MISC./10184/2024bail granted

Md. Adil v. The State Of Bihar

2024-02-26Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10184 of 2024 Arising Out of PS. Case No.-710 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Adil, aged about 26 years (Male) S/O Md. Mumtaz, R/O Village- Abgila Jagdishpur, P.S- Muffasil, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No.-710 of 2023 registered for the offence under Sections 461, 379, 411, 413 and 414 of the Indian Penal Code.

3. As per the prosecution case, 8-10 unknown persons are said to have committed theft in the Company premises of the informant and the details of the stolen articles has been given in the FIR.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the name of the petitioner figured on the basis of confessional statement of co-accused Anuj Kumar and said co-accused Anuj Kumar has been granted bail by a Coordinate Bench of this Court passed in Cr. Misc. No. 69885 of 2023 vide order dated 07.11.2023 and also other three co-ac-

Patna High Court CR. MISC. No.10184 of 2024(2) dt.26-02-2024 2/3 cused persons have also been granted bail by different Benches of this Court passed in Cr. Misc. Nos. 66078 of 2023, 79270 of 2023 and 78941 of 2023 respectively. Petitioner is not named in the FIR, he has got clean antecedent as stated in para-3 of the petition and he is in custody since 30.06.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances as also the fact that similarly situated co-accused persons have also been granted bail by different Benches of this Court, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Sessions Trial No. 986 of 2023 arising out of Muffasil P.S. Case No. 710 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Gaya.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition

Patna High Court CR. MISC. No.10184 of 2024(2) dt.26-02-2024 3/3 that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T