Patna High CourtCR. MISC./31900/2024bail granted

Md. Mister v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31900 of 2024 Arising Out of PS. Case No.-408 Year-2023 Thana- PARSA District- Saran ====================================================== Md. Mister Son of Imtiyaj Miya Resident of Village - Muzauna, P.S.- Persa, District - Saran (Chhapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shatrughna Pandey For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parsa P.S. Case No. 408 of 2023 instituted for the offences punishable under Sections 467, 468, 420, 414/34 of the Indian Penal Code.

3. The allegation against the petitioner is that from his possession a stolen motorcycle has been recovered.

4. Learned counsel for the petitioners submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Only on the basis

Patna High Court CR. MISC. No.31900 of 2024(2) dt.25-04-2024 2/3 of suspicion, petitioner has been implicated in the present case by the police. No incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery of motorcycle. The provision of Section 100 of the Cr.P.C. has not been followed in this case while preparing the seizure list. The petitioner is in custody since 22.12.2023 and has no criminal antecedent.

5. Learned APP 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 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 Parsa P.S. Case No. 408 of 2023, Subject to following conditions: (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

Patna High Court CR. MISC. No.31900 of 2024(2) dt.25-04-2024 3/3 bail bonds of the petitioner.

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