Rayees Gaddi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28250 of 2020 Arising Out of PS. Case No.-331 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== RAYEES GADDI Son of Sajawal Gaddi Resident of Village - Bhatwaliya, P.S.- Bairiya, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar No 7, Adv.
For the Opposite Party/s :
Ms. Nirmala Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-11-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Bairiya P.S. Case No. 331 of 2019 registered under sections 413 and 414 of the Indian Penal Code.
As per allegation in the FIR, two stolen motorcycles were recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place. He has been falsely implicated in the case which would be evident from the FIR wherein he has been described as a known criminal although he has no criminal antecedent. It is further submitted that no seizure list was prepared in the case. He is in custody since
Patna High Court CR. MISC. No.28250 of 2020(2) dt.13-11-2020 2/2 3.10.2019 i.e. for more than one year and charge sheet has already been submitted in the case.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with his being in custody since 3.10.2019, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bairiya P.S. Case No. 331 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran.
(Partha Sarthy, J) sushma/- U T