Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25058 of 2023 Arising Out of PS. Case No.-534 Year-2022 Thana- NAWADA District- Nawada ====================================================== MD. RIZWAN SON OF MD. IBRAHIM Resident of village - Jhitakahi, Madhuwan, P.S. - Kanti, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414, 420, 467, 468, 471 and 120(B) of the Indian Penal Code. As per allegation in the FIR, during vehicle checking by the police, police apprehended three accused persons from a four wheeler including the petitioner and on search, screwdriver, rinch, T slenky, valve pin of motorcycle and some mobiles were recovered from them. On interrogation they disclosed that they are indulged in theft of vehicle by breaking its lock and used to sell it.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General

Patna High Court CR. MISC. No.25058 of 2023(2) dt.22-05-2023 2/2 and omnibus allegations are levelled against the petitioner. Nothing has been recovered from conscious possession of the petitioner. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 15.05.2023 passed in Cr. Misc. No. 14575 of 2023. Petitioner is languishing in judicial custody since 1.6.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Nagar (Nawada) P.S. Case No. 534 of 2022.

(Sunil Kumar Panwar, J) Sushma/- U