Md. Rahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36666 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- KASBA District- Purnia ====================================================== Md. Rahil S/O Faqruddin @ Fakhruddin @ Md. Faqruddin R/O VillageMuradbag, Ward No. 2, P.S- Kasba, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kasba P.S. Case No. 20 of 2024 instituted for the offence under Sections 414, 413, 420, 467, 468, 471 & 120B of the Indian Penal Code.

3.

Prosecution case in short is that this petitioner along with other accused persons were involved in business of stolen motorcycle.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-01-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.36666 of 2024(2) dt.21-05-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. There is no independent witness to the occurrence. It is submitted that charge sheet has already been submitted in this case. It is also submitted that coaccused has been granted bail by this Court vide order dated 0705-2024, passed in Cr. Misc. No. 35002 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

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 Kasba P.S. Case No. 20 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on

Patna High Court CR. MISC. No.36666 of 2024(2) dt.21-05-2024 3/3 two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T