Patna High CourtCR. MISC./33637/2024bail granted

Md Afasar @ Md Afasaar v. The State Of Bihar

2024-05-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33637 of 2024 Arising Out of PS. Case No.-259 Year-2023 Thana- PURAINI District- Madhepura ====================================================== Md Afasar @ Md Afasaar Son of Md. Teyab @ Baitha Resident of Village - Ganeshpur , P.S. - Puraini,District - Madhepura, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr Sanjay Kumar Singh For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Puraini P.S. Case No. 259 of 2023 dated 24.12.2023 registered for the offences punishable u/s 356,379 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants are alleged to have committed theft of motorcycle and mobile phone of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the

Patna High Court CR. MISC. No.33637 of 2024(2) dt.09-05-2024 2/2 co-accused Ghanshyam Kumar. As per the impugned order dated 07.03.2024 the petitioner was arrested with the motorcycle. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhepura in connection with Puraini P.S. Case No. 259 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T