Patna High CourtCR. MISC./39913/2024bail granted

Arman Khan v. The State Of Bihar

2024-06-21Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39913 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Arman Khan Son of Safroj Khan Resident of Village -Sirisiya Mathiya, P.S.- Bairiya, District -West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Bettiah Town P.S. Case No. 65 of 2024, instituted for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

3. The prosecution case, in short, is that, motorcycle of the informant was stolen by some unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner was not arrested on spot and name of the petitioner has transpired on the basis of secret information received by the police during the

Patna High Court CR. MISC. No.39913 of 2024(3) dt.21-06-2024 2/3 course of the investigation. The stolen motorcycle has been recovered from the possession of co-accused Lal Babu Kumar. The petitioner is in custody since 06.02.2024 and has got two criminal antecedents in which the petitioner is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 14.05.2024 passed in Cr. Misc. No. 35711 of 2024.

5. Learned APP 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, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah Town P.S. Case No. 65 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 two

Patna High Court CR. MISC. No.39913 of 2024(3) dt.21-06-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T