Md. Jaharuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37443 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== MD. JAHARUDDIN Son of Md. Nasruddin Resident of Shikarganj, ward no. 6, P.S. - Chiraiya Shikarganj (Out Post), Distt. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.iii, Advocate For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100), APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 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 Bail Petition No. 746 of 2023 in G.R. Case No. 4116 of 2022 arising out of Pakaridayal P.S. Case No. 180 of 2022 registered for the offence under Sections 379, 413/34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 16.09.2022.

The allegation against the petitioner is to commit theft alongwith other unknown co-accused persons and while committing so taken away motorcycle belongs to informant. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.37443 of 2023(2) dt.03-07-2023 2/3 submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of coaccused, namely, Daud Mohammad while apprehended in another criminal case, in furtherance of which, no incriminating material recovered/surfaced during the course of investigation to connect petitioner with present occurrence of theft. It is submitted that a suspicion arises out of criminal antecedent as petitioner found involved in seven more criminal cases and for said reason without having any connecting material, the petitioner named in present case also. It is submitted that petitioner not even put on TIP as yet. While concluding the argument, it is submitted that investigation of this case is 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 save and except confessional statement of co-accused, nothing incriminating material surfaced/recovered during the course of investigation against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 16.09.2022 accordingly, petitioner above named, is directed to be released on bail in connection with

Patna High Court CR. MISC. No.37443 of 2023(2) dt.03-07-2023 3/3 Pakaridayal P.S. Case No. 180/2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Motihari, East Champaran/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T