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Patna High CourtCR. MISC./10950/2023allowed

Md. Najo v. The State Of Bihar

2023-04-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10950 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Md. Najo Son Of Md. Ismayel R/O Village/Mohalla- Gumti No. 3, Bhikhanpur, P.S.- Ishakchak, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ishakchak P.S. Case No. 166 of 2022 registered under sections 461 and 379 of the Indian Penal Code.

Allegation against the petitioner is that he stole the hardware articles from the furniture shop of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to enmity. It is further submitted that nothing stolen article has been recovered either from the conscious possession of the petitioner or from his house. The stolen articles were thrown behind the house of the

Patna High Court CR. MISC. No.10950 of 2023(2) dt.19-04-2023 2/2 petitioner. This case is triable by Judicial Magistrate. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ishakchak P.S. Case No. 166 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Bhagalpur. (Sunil Kumar Panwar, J) shubham/- U T