Asmaul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28381 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- BALRAMPUR District- Katihar ====================================================== Asmaul S/O Late Shahid Ali @ Abdul Shahid R/O Village- Baldiyagachhi, P.S- Balrampur, Distt.- Katihar (wrongly mentioned in the impugned order as Age-42 years).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Balrampur P.S. Case No. 179 of 2023 instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is that he entered the informant's house and committed theft but was caught. Thereafter, on search, 1.5 Bhari of silver chain and two knives were recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. So far as, the recovery of silver chain and two

Patna High Court CR. MISC. No.28381 of 2024(2) dt.19-04-2024 2/2 knives are concerned, it is completely plantation of the informant in collusion with local Mukhiya and police implicated this petitioner and made him scapegoat. No incriminating article has been recovered from the conscious possession of the petitioner and there is no eye-witness of the alleged occurrence and all the witnesses examined in this case are hearsay witness. The petitioner has got no concern with the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 28.12.2023 and has no criminal antecedent.

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 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 Balrampur P.S. Case No. 179 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T