Patna High CourtCR. MISC./30024/2024bail granted

Ajabul @ Md. Ajabul v. The State Of Bihar

2024-04-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30024 of 2024 Arising Out of PS. Case No.-158 Year-2023 Thana- SARSI District- Purnia ====================================================== Ajabul @ Md. Ajabul S/o Late Md. Jakir R/o vill - Kaishtya Tola, ward no. 28, P.S. - Sarsi , Distt. - Purnia, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sarsi P.S. Case No. 158 of 2023 instituted for the offences under Sections 413, 414 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that from his house two stolen motorcycles have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no concern with the alleged motorcycles. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that as alleged motorcycles which is said to have recovered from

Patna High Court CR. MISC. No.30024 of 2024(2) dt.22-04-2024 2/2 the house of the petitioner is an open place and there was no boundary wall. Charge-sheet has been submitted in this case. The petitioner is in custody since 11.08.2023 and has three 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 facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, 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 Sarsi P.S. Case No. 158 of 2023. (Rudra Prakash Mishra, J) Arish/- U T