Eklakh Ali @ Ekhlakh Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29769 of 2020 Arising Out of PS. Case No.-109 Year-2020 Thana- MOHAMMADPUR District- Gopalganj ====================================================== EKLAKH ALI @ EKHLAKH ALI Son of Ali Imam Resident of VillageBelsand, P.S.- Madhopur O.P. (Barauli), District- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 395, 397 of the Indian Penal Code.

Allegation is that the accused persons stolen away the motorcycle of the informant from his palani.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.06.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case for the offences under Sections 458, 460, 380 and 382/34 of I.P.C. There is no allegation of tampering of witnesses alleged

Patna High Court CR. MISC. No.29769 of 2020(3) dt.15-01-2021 2/2 against the petitioner. The petitioner is alleged to have been arrested on the spot. The said allegation is denied by the petitioner. The petitioner was passing by at the time of occurrence. Due to mistake of fact, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 1st A.C.J.M., Gopalganj in connection with Madhopur O.P. (Barauli) P.S. case No.109 of 2020.

(Sudhir Singh, J) Narendra/- U T