Md. Tufani @ Kallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30285 of 2024 Arising Out of PS. Case No.-80 Year-2023 Thana- NARKATIYAGANJ RAIL P.S. DistrictWest Champaran ====================================================== Md. Tufani @ Kallu S/O Md. Kalam R/O Mohalla- Kishunbagh, Ward No. 3, P.S- Bettiah Town (Kalibag O.P.), Distt.- West Chamapran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyameshwar Dayal, APP ====================================================== 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 Narkatiyaganj GRP P.S. Case No. 80 of 2023 instituted for the offence under Section 414 of the Indian Penal Code. 3.

Prosecution case in short is that petitioner was intercepted by the police personnel while he was trying to escape by jumping from the train and on search, two mobile phones were recovered from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-12-2023. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.30285 of 2024(2) dt.22-04-2024 2/2 counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is also submitted that there is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has already been 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, clean antecedent of the petitioner 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 Court below/concerned Court in connection with Narkatiyaganj GRP P.S. Case No. 80 of 2023.

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