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Patna High CourtCR. MISC./11794/2020bail granted

Md. Sirajul @ Sirajul v. The State Of Bihar

2020-02-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11794 of 2020 Arising Out of PS. Case No.-32 Year-2019 Thana- KASBA District- Purnia ====================================================== MD. SIRAJUL @ SIRAJUL, aged about 21 years (Male), Son of Md. Taimur, R/o Village - Nayatola Jungla, P.S. - Srinagar, District - Purnea. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate and Dr. Bidhu Ranjan, Advocate.

For the Opposite Party :

Mr.Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that on 14.02.2019 the Motorcycle and other articles of the informant were taken away by unknown miscreants after open firing. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 21.09.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the

Patna High Court CR. MISC. No.11794 of 2020(2) dt.28-02-2020 2/2 F.I.R. Stolen property is said to have been recovered from possession of the petitioner. The petitioner had no knowledge that the Motorcycle in question is stolen property. He has been made accused in the present case due to mistake of fact. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Purnea, in connection with Kasba P.S. Case No. 32 of 2019. (Sudhir Singh, J) U.K./- U T