Tarique Anwar @ Tarik Anwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25359 of 2024 Arising Out of PS. Case No.-444 Year-2023 Thana- KORHA District- Katihar ====================================================== TARIQUE ANWAR @ TARIK ANWAR SON OF SUKHRUDEE RESIDENT OF VILLAGE - SONAPUR, P.S. - KORHA, DISTRICT - KATIHAR. (PETITIONER MOVED FIRST TIME FOR GRANT OF BAIL
IN THE PRESENT CASE BEFORE THIS HON'BLE COURT)
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhola Prasad For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Korha P.S. Case No. 444 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.
3. Prosecution case, in short, is that parked motorcycle of the informant was stolen by unknown person.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. During investigation, the name of the petitioner transpired in this case. No stolen article has been recovered from the conscious possession of the
Patna High Court CR. MISC. No.25359 of 2024(2) dt.05-04-2024 2/2 petitioner rather the said motorcycle was recovered from outside house of the petitioner which is a joint house. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2023, and has no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and fair criminal antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Korha P.S. Case No. 444 of 2023.
(Rudra Prakash Mishra, J) manishkumar/- U T