Md. Meraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19138 of 2019 Arising Out of P.S. Case No.-828 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== MD. MERAJ, aged 20 years (M), Son of Oliullah, Resident of Village-Siswa, P.S.-Banjariya, District-East Champaran, Motihari. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 13.12.2018 in connection with Turkauliya (Banjaria) P.S.Case No.828 of 2018 for the offence alleged under Sections 379, 411 and 414 of the Indian Penal Code.

The prosecution case as lodged by the informant is that he had parked his motorcycle outside his house and after ten minutes, it was found stolen.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case only on the basis of confessional statement of co-accused Sharwan Kumar who was apprehended along with Nitesh Kumar Pandey with the stolen motorcycle. He submits that the Pulsar Bajaj

Patna High Court CR. MISC. No.19138 of 2019(2) dt.01-04-2019 2/2 motorcycle recovered from the house of the petitioner did not relate to the present case. Chargesheet has been submitted, there being no allegation of tampering with the prosecution evidence and the petitioner is languishing in judicial custody since more than three months.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record as well as that the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Turkauliya (Banjaria) P.S.Case No.828 of 2018 to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) B.Kr./- U T