Md. Akbar Ali @ Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20507 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- CHIRAIYA District- East Champaran ====================================================== MD. AKBAR ALI @ AKBAR ALI S/O ISRAFUL ALAM RESIDENT OF VILLAGE SHIKARGANJ, P.S.-SHIKARGANJ, DISTRICT-EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 379 of the Indian Penal Code.

As per the prosecution case, the Hero Honda Splendor Motorcycle of the informant was stolen.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. The material that has transpired in course of investigation has been dealt with in detail in the order of the learned Trial Court from which it would transpire that the only material against the petitioner is that some witness had seen the petitioner along with two others

Patna High Court CR. MISC. No.20507 of 2021(2) dt.21-09-2021 2/2 fleeing on a Hero Honda Splendor Plus Motorcycle. No incriminating article has been recovered from the possession of the petitioner who has been falsely implicated in the case because of his antecedent. He is in custody since 27.11.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the period in custody together with no incriminating article having been recovered from the petitioner's possession, the Court directs the petitioner to be enlarged on bail in connection with Chiraiya (Sikarganj) P.S. Case no. 50 of 2020 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 4th Additional Chief Judicial Magistrate, East Champaran at Motihari.

(Partha Sarthy, J) Prakash/- U