Sadre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35043 of 2020 Arising Out of PS. Case No.-232 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== Sadre Alam, Son of Kamrudin Dewan, Resident of village- Musalmiya tola, P.s.- Jharokhar, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Anand Mohan Pd. Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 413, 414/34 of the Indian Penal Code.

The prosecution case in brief is that on 18.06.2020 Sho Ghorasahan P.S. intercepted a motorcycle and arrested the petitioner and co-accused Monu Kumar. The petitioner was sitting as pillion rider. They have failed to produce papers of the

Patna High Court CR. MISC. No.35043 of 2020(2) dt.22-12-2020 2/2 vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of the petitioner and he was pillion rider. He further submits that there is no fir of theft in regard with recovered motorcycle in question. The co-accused had heated argument with police during vehicle checking as a result he has been implicated in this case. The petitioner is in custody since 20.06.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail application.

Learned APP for the State opposes the prayer for bail petition.

In the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each in connection with Ghorasahan P.S. Case No. 232/2020 to the satisfaction of the learned C.J.M., Motihari, East Champaran.

(Anjani Kumar Sharan, J) amitkumar/- U T