Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25975 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- ABADPUR District- Katihar ====================================================== Noor Alam S/O Tafel @ Tafilludin Resident Of Village- Belwa, P.S.- Abadpur, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Abadpur P.S. Case No. 89 of 2020 registered for the offence punishable under Sections 379 and 414 of the Indian Penal Code.

As per the prosecution case, petitioner tried to steal motorcycle of the informant bearing registration number BR 39 G 2599 while informant was purchasing some articles from market. It is alleged that petitioner was apprehended on the spot and handed over to the police.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.25975 of 2021(2) dt.18-08-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that petitioner was apprehended by the private persons of the locality and motorcycle of the informant has not been recovered from the possession of this petitioner and there is no evidence against the petitioner in the entire case diary. He further submits that only on the basis of suspicion petitioner has falsely been implicated in the present case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and he is languishing in custody since 11.08.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Abadpur P.S. Case No. 89 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T