Md. Irfan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31125 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- KURSAKANTA District- Araria ====================================================== 1.

Md. Irfan S/O Md. Salluk Resident Of Village- Palasmani Ward No. -08, P.S.- Sonamani Godam, O.P. (Kursakanta), District- Araria. 2.

Md. Salluk S/O Atim Resident Of Village- Palasmani Ward No. -08, P.S.- Sonamani Godam, O.P. (Kursakanta), District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh- Advocate For the Opposite Party/s :

Mr. Khurshid Anwar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2021 Heard the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Kursakanta (Sonamani Godam) P. S. Case No.27 of 2021, instituted for the offences under Sections 461, 379, 411/ 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are in custody since 04.02.2021 and are persons with clean antecedents, charge-sheet has been submitted in the case and allegation is of committing theft in a village temple and further that the theft article was recovered from the courtyard of the petitioners.

Patna High Court CR. MISC. No.31125 of 2021(2) dt.25-11-2021 2/2 Learned counsel for the petitioners submits that the alleged recovery was planted by the villagers to implicate the petitioners in this case. Learned counsel for the petitioners further submits that if the informant was aware that who had committed the theft, he ought to have informed the police and in presence of the police recovery ought to have been made. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioners are in custody since 04.02.2021 and are persons with clean antecedents, charge-sheet has been submitted in the case, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Araria in connection with Kursakanta (Sonamani Godam) P. S. Case No.27 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T