Firoz Hussain @ Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15978 of 2022 Arising Out of PS. Case No.-10 Year-2022 Thana- JALALPUR District- Saran ====================================================== FIROZ HUSSAIN @ MD. FIROZ Son of Md. Alauddin @ Allaudin Mali @ Allaudin Resident of village - Vishunpura, P.S.- Jalalpur, Dist.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 414 and 34 of the Indian Penal Code.

As per the prosecution case, on seeing the police, two miscreants boarded on motorcycle tried to flee away but they were apprehended by the police on chase. On interrogation, they told their name as this petitioner Firoj Hussain and the coaccused, Arun Rai. A motorcycle was recovered from them and

Patna High Court CR. MISC. No.15978 of 2022(2) dt.20-07-2022 2/2 they admitted that this motorcycle was a stolen motorcycle. At the disclosure of the petitioner, another stolen motorcycle was recovered from the house of the co-accused , Manager Prasad. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 09.01.2022. It is further submitted that the seizure list does not show that the aforesaid motorcycle was recovered from the possession of the petitioner. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XIII, Saran at Chapra , in connection with Jalalpur. P.S. Case No. 10 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T