Zahir Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16408 of 2023 Arising Out of PS. Case No.-50 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Zahir Mian Son Of Ahim Mian @ Yasin Mian R/O Village- Tuniya, P.S.- Bettiah Muffasil (MANUAPUL), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per FIR, it is a case of theft of motorcycle of the informant after that this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused, namely Hasmuddin Mian. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing any looted

Patna High Court CR. MISC. No.16408 of 2023(2) dt.11-05-2023 2/2 article has been recovered from his conscious possession. Moreover the petitioner is languishing in judicial custody since 01.07.2021.

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

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 Shikarpur P.S. Case No. 50 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Bettiah, District West Champaran. (Sunil Kumar Panwar, J) Manish/- U T