Patna High CourtCR. MISC./48824/2023allowed

Md Jaharuddin v. The State Of Bihar

2023-08-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48824 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== MD JAHARUDDIN SON OF MD. NASRUDDIN SHIKARGANJ WARD NO 6 PS CHIRAIYA SHIKARGANJ OUT POST DISTRICT EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 379, 413, 414 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of theft of motorcycle. From CCTV footage, two persons were seen with his motorcycle but faces are not visible then FIR has been lodged against unknown.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. Petitioner was arrested in Pakridayal PS Case No. 178 of 2022 and thereafter

Patna High Court CR. MISC. No.48824 of 2023(2) dt.04-08-2023 2/2 police personnel are remanding him in one after another case. On the basis of his self confessional statement, he has been made accused in the present case, which has no evidentiary value in the eye of law. Nothing has been recovered from his conscious possession. Petitioner is languishing in judicial custody since 16.09.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM VIII, Motihari, East Champaran in connection with Pakridayal PS Case No. 175 of 2022.

(Sunil Kumar Panwar, J) sushma/- U