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Patna High CourtCR. MISC./29304/2024bail granted

Md. Kasib Sayid @ Kasib Sayid v. The State Of Bihar

2024-04-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29304 of 2024 Arising Out of PS. Case No.-265 Year-2023 Thana- PUNAURA District- Sitamarhi ====================================================== Md. Kasib Sayid @ Kasib Sayid son of Md. Mustafa Sayid Village- Mansha Toli W.No-38, Ps- Bettiah Muffasil Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Punaura P.S. case No. 265 of 2023 instituted for the offences under Sections 381, 406, 420 of the Indian Penal Code.

3. The petitioner is alleged to have committed theft of cash amounting to Rs. 6,55,241/- and articles of Rs. 2,30,136/- in the Godown of Sopi Services Pvt. Ltd. situated at Punaura, District- Sitamarhi.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on suspicion. He further submitted that petitioner is an employee in the company Sopi Services Pvt. Ltd. and the iin-

Patna High Court CR. MISC. No.29304 of 2024(2) dt.20-04-2024 2/3 charge and superior staff of the said company were expecting the petitioner to do extra overtime work but when the petitioner demanded the genuine wage amount, the in-charge and the informant falsely implicated him in this case. He further submitted that petitioner never stole anything nor anything was recovered from his possession but in order to implicate the petitioner, the alleged articles were shown to have been recovered on the petitioner's instance. Learned counsel further submitted that petitioner has got no concern with the stolen articles or cash. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.11.2023 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 and submitted that on the basis of confessional statement of the petitioner, recovery of the stolen articles and cash was made from the said place and, therefore, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case as also 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

Patna High Court CR. MISC. No.29304 of 2024(2) dt.20-04-2024 3/3 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 Punaura P.S. case No. 265 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T