Md. Reyaz @ Vishal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32589 of 2024 Arising Out of PS. Case No.-306 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Reyaz @ Vishal Son Of Vijay Prasad Sah Resident Of Village - Matleshwar Mai, P.S. - Tarapatti, District - Dhanusha (NEPAL) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ritesh Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 413, 414 of the Indian Penal Code.

As per the allegation in the F.I.R., co-accused Santosh Kumar was apprehended with stolen motorcycle (Reg. No. BR-06AB-9095) who disclosed the name of petitioner as a person from whom he had brought the said motorcycle.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.32589 of 2024(2) dt.16-05-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is submitted vide para 9 of the petition that nothing incriminating has been recovered from the possession of the petitioner. The name of petitioner sprang up in this case on the disclosure of apprehended co-accused namely, Santosh Kumar from whose possession the aforesaid motorcycle has been recovered. Moreover, the petitioner is languishing in judicial custody since 16.04.2023. Similarly situated co-accused Santosh Kumar has already been granted bail vide order dated 05.09.2023, passed in Cr. Misc. No. 40621 of 2023 by this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.32589 of 2024(2) dt.16-05-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Sitamarhi (Mehsaul O.P.) P.S. Case No. 306 of 2023 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, Sitamarhi.

(Sunil Kumar Panwar, J) Nirajkrs/- U T