Patna High CourtCR. MISC./41451/2024bail granted

Md Alamgir Khan @ Alamgir Khan v. The State Of Bihar

2024-06-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41451 of 2024 Arising Out of PS. Case No.-128 Year-2017 Thana- GORAUL District- Vaishali ====================================================== Md Alamgir Khan @ Alamgir Khan S/o Jamaluddin Khan R/o village-Kala Barwa(Barawa Kala), P.S.-Sathi, district-west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Rathore, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Goraul P.S. Case No. 128/2017 dated 02.06.2017 registered for the offence punishable u/s 395 of the Indian Penal Code.

3. As per the prosecution case, the informant had loaded his van with fridge, LED TV, Microwave oven etc., 5-6 unknown miscreants intercepted and took away the van. On information that the loaded articles are kept in a godown, the police raided the godown and apprehended the co-accused, Sanjay Kumar, while others managed to flee

Patna High Court CR. MISC. No.41451 of 2024(2) dt.19-06-2024 2/3 away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Sanjay Kumar. The other co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 14.11.2017 passed in Cr. Misc. No. 45843/2017. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 08.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Hajipur (Vaishali)

Patna High Court CR. MISC. No.41451 of 2024(2) dt.19-06-2024 3/3 in connection with Goraul P.S. Case No. 128/2017.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U