Meraj @ Guddu @ Md Meraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39073 of 2024 Arising Out of PS. Case No.-142 Year-2023 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Meraj @ Guddu @ Md Meraj S/O MD ISRAIL R/O VILLAGEMANIKPUR, WARD NO.10, P.S.- Araria (BAIRGACHHI), DIST- ARARIA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md Ziaul Quamar, Adv.
For the Opposite Party/s :
Mr.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 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 Kochadhaman P.S. Case No. 142 of 2023 dated 10.06.2023 registered for the offences punishable u/ss 461 and 379 of the Indian Penal Code.
3. As per the prosecution case, unknown miscreants are alleged to have committed theft in Panchayat Sarkar Bhawan and stolen two pieces of table fans, eight pieces of library chairs, two pieces of solar light with battery, one piece of Kent RO water purifier, three pieces of office's chair and a printer.
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 F.I.R. The name of the petitioner has surfaced in this case only on the basis of confessional statement made in other case i.e. Kasba P.S. Case No.
Patna High Court CR. MISC. No.39073 of 2024(2) dt.04-07-2024 2/2 212/2023 of apprehended accused. No incriminating article has been recovered from the conscious possession of the petitioner. It is further alleged that the petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 14.05.2024 passed in Cr. Misc. No. 34451 of 2024. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.10.2023.
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 period of custody, the petitioner abovenamed, 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, Kishanganj in connection with Kochadhaman P.S. Case No. 142 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T