Patna High CourtCR. MISC./33863/2024bail granted

Siddique Ali @ Siddique v. The State Of Bihar

2024-05-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33863 of 2024 Arising Out of PS. Case No.-29 Year-2024 Thana- POTHIYA District- Kishanganj ====================================================== Siddique Ali @ Siddique Son of Nazir Hussain Resident of Village - Barahkoniya, PS- Pothia, Dist.- Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pothia P.S. Case No. 29 of 2024 instituted for the offences under Sections 457, 380, 461, 436 and 411 of the Indian Penal Code.

3. The prosecution case, in short, is that on 02.02.2024 at approximately 7 pm some unknown thieves broke the lock of the informant's office situated in the tea garden at his private land and took away 170 pieces of spring rod, and electric metre. They also set fire due to which the plastic pipe worth 30,000/- got burnt. The informant also suspects that on 28.12.2023 transformer coil was stolen from the aforesaid tea garden and the same was stolen by the said unknown thieves.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.33863 of 2024(2) dt.02-05-2024 2/2 petitioner is innocent and has falsely been implicated in the present case. He is a scrap dealer due to which he has been implicated by co-accused Fajlu Rahman. Charge-sheet has been submitted under Sections 411 and 413 of the IPC. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is in custody since 06.02.2024 and has got antecedent of one criminal case.

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 and 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 Pothia P.S. Case No. 29 of 2024.

(Rudra Prakash Mishra, J) Prakash/- U