Md. Chunna @ Chunna@ Md. Ehrar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29386 of 2024 Arising Out of PS. Case No.-274 Year-2023 Thana- KADWA District- Katihar ====================================================== Md. Chunna @ Chunna@ Md. Ehrar Son Of Ghulam Husnain @ Hasnain Resident Of Village - Kanharia, Police Station - Dagarwa, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Najeeb Ahmad, Advocate For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kadwa P.S. case No. 274 of 2023 instituted for the offences under Sections 379, 461, 411, 413, 414/34 of the Indian Penal Code.
3. Prosecution case, in short, is that some unknown thieves have stolen Dell Laptop and cash amounting to rupees twenty thousand in cash from the shop of the informant. It is further alleged that the thieves also stole articles amounting to rupees fifty thousand from the nearby grocery shop.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner
Patna High Court CR. MISC. No.29386 of 2024(2) dt.30-04-2024 2/3 transpired in this case on the basis of confessional statement of Md. Anish. No incriminating/looted article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the stolen articles. He further submitted that there is a recovery of one laptop from the petitioner but the said laptop belongs to the petitioner. He further submitted that the recovered laptop is not the stolen one as is evident from the FIR itself. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.12.2023 and has two criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, charge-sheet already being submitted 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 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 Kadwa P.S. case No. 274 of 2023, subject to the following conditions:
Patna High Court CR. MISC. No.29386 of 2024(2) dt.30-04-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T