Murad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36739 of 2022 Arising Out of PS. Case No.-63 Year-2022 Thana- DUMARIAGHAT District- East Champaran ====================================================== Murad Ali Son of Md. Sagir Resident of village - Siwan, Chakiya, Ward No.- 18, P.S.- Mahadeva, Muffasil, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Dumariaghat P.S. Case No. 63 of 2022 registered for the offence under Section 414 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 01.04.2022.

The allegation against the petitioner is to be have in possession of stolen Bolero vehicle bearing registration no. BR1AP6691.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in present case,

Patna High Court CR. MISC. No.36739 of 2022(3) dt.22-09-2022 2/2 as he was standing nearby alleged vehicle, while waiting for a bus. It is also submitted that no claimant appears, till date, against seized vehicle. It is further submitted that seizure list is disputed, as same is supported by police personnels, not by independent witnesses. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as seizure list is appearing disputed, as same is supported by police personnels, where petitioner is a man of clean antecedent coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Dumariyaghat P.S. Case No. 63 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court of C.J.M., Motihari (East Champaran)/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T