Md. Sazid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20972 of 2023 Arising Out of PS. Case No.-525 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Md. Sazid, S/O Rafik Ansari, Resident of Village-Kushre, P.S.- Karpi, District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Tiwari, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Gardanibagh P.S. Case No. 525 of 2022 registered for the alleged offences under Sections 379 and 414 of the Indian Penal Code.

3. As per prosecution case, two accused persons were apprehended during vehicle checking and they were found riding a stolen motorcycle. These two accused persons disclosed about keeping of stolen motorcycles in the repair shop of the petitioner. Subsequently, a raid was conducted and four stolen motorcycles were recovered from the shop of the petitioner.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.20972 of 2023(2) dt.18-05-2023 2/3 case. Nothing incriminating has been recovered from the possession of this petitioner. The petitioner runs a repairing shop and the co-accused persons used to bring motorcycle for repairing. The petitioner has no idea about stolen motorcycles. The petitioner is in custody since 12.09.2022 and the charge sheet has been submitted. The petitioner has got no criminal history.

5. Learned APP opposes the prayer for bail submitting that the involvement of the petitioner came up in the disclosure of the co-accused persons.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner and further considering his period of custody along with submission of charge sheet, the petitioner above-named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna, in connection with Gardanibagh P.S. Case No. 525 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.20972 of 2023(2) dt.18-05-2023 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T