Akhtar Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23724 of 2025 Arising Out of PS. Case No.-512 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Akhtar Dewan S/o Salauddin dewan @ Salauddin Sah Resident of VillageChorma Dewan Toli, P.S.- Pakridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 512 of 2024 instituted for the offence under Sections 317(5), 318(4), 338, 336(3), 336(4) & 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that police during patrolling, intercepted a motorcycle boarded by three accused, including the petitioner and on interrogation, they were unable to produce the valid documents and have disclosed that motorcycle in question is stolen one.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.23724 of 2025(2) dt.30-04-2025 2/3 that the petitioner is in custody since 21-10-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is inordinate delay of three days in lodging the FIR. Learned counsel for the petitioner submits that allegedly motorcycle was recovered from the possession of the petitioner. In this connection, it is submitted that motorcycle was purchased from one Mukhdum Hussain. Learned counsel submits that from perusal of the FIR, it is crystal clear that three accused were arrested, but surprisingly, only petitioner is roped in this case. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

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

Patna High Court CR. MISC. No.23724 of 2025(2) dt.30-04-2025 3/3 Court below/concerned Court in connection with Muffasil P.S. Case No. 512 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T