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Patna High CourtCR. MISC./17242/2024allowed

Md. Sadique Seikh @ Md. Sadik Sheikh @ Md. Sadik @ Md. Sadik Shekh v. The State Of Bihar

2024-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17242 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Md. Sadique Seikh @ Md. Sadik Sheikh @ Md. Sadik @ Md. Sadik Shekh S/O- Baddu Sheikh @ Sekh Badu @ Md. Badu R/O- Village- Ward No.- 7, Bhagwatipur, P.S.- Bela, Dist.- Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. As per prosecution case, it is alleged by the informant that his motorcycle bearing registration no. BR30U5744 has been stolen by unknown miscreants which was parked at Dumra court.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He was arrested in Majorganj P.S. Case No. 134 of 2023 in which, the said motorcycle was

Patna High Court CR. MISC. No.17242 of 2024(2) dt.14-03-2024 2/2 recovered. It is also submitted that charge-sheet has been submitted u/s 379 of the IPC and also learned Magistrate took cognizance u/s 379 of IPC which suggests that there is no recovery of any motorcycle in the present case. He has falsely been implicated in this case. Moreover, he is languishing in judicial custody since 18.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumra P.S. Case No. 229 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T