Md. Asif Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34362 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md. Asif Alam Son of Late Shamshul Alam R/O Vill.- Belwa Bhagat Tola, Ward no.1, Near Masjid, P.S.- Araria, Dist.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kochadhaman P.S. Case No. 161 of 2023, G.R. No. 1032 of 2023 instituted for the offences under Sections 461 and 379 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the informant, who is the principal of Utkraamit Middle School when he reached at his School at 8:55 AM, then found that the Main gate was opened and lock was broken/opened and also found that the lock of the office, two class rooms and one store room is also broken and gate was opened, when he entered into the office, he found that the goods in office was scattered, meanwhile all the teachers also reached at school, and also found that lock and gate of first floor was also broken. It is further alleged that on inspection he found that from office all

Patna High Court CR. MISC. No.34362 of 2024(2) dt.07-05-2024 2/2 goods were stolen. It is further alleged that on earlier occasion on 14.05.2023 also theft was committed by unknow.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He was not arrested on spot. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner's name came on confessional statement of other accused in Kasba P.S. case No. 212 of 2023. The petitioner is in custody since 16.10.2023 and has antecedent of ten criminal cases.

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 after framing of charge, if not already framed 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 Kochadhaman P.S. Case No. 161 of 2023, G.R. No. 1032 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U