Md. Tanzeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44243 of 2024 Arising Out of PS. Case No.-814 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Md. Tanzeem S/O Md. Jakki R/O Mohalla Pankha toli ward no 25 P.S. Kazi Mohammadupr distict Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Singh, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur P.S. case No. 814 of 2023 instituted for the offences under Section 379 of the Indian Penal Code.

3. Prosecution case, in short, is that some unknown miscreants have stolen the motorcycle of the informant which was parked in front of his under construction building.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.44243 of 2024(2) dt.21-06-2024 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of confessional statements of co-accused Md. Abdullah and Praveen Kumar in Majorganj P.S. Case No. 180 of 2023. No incriminating/looted article has been recovered from the conscious possession of the petitioner rather the said motorcycle has been recovered from co-accused Praveen Kumar who has already been granted bail by this Bench vide order dated 23.04.2024 passed in Cr. Misc. No. 30310 of 2024. Learned counsel further submitted that petitioner has got no concern with the recovered stolen motorcycle. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.03.2024 and has three criminal antecedents but he is on bail in all the cases.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.44243 of 2024(2) dt.21-06-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. case No. 814 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T