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Patna High CourtCR. MISC./38672/2022dismissed

Akbar Alam v. The State Of Bihar

2022-11-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38672 of 2022 Arising Out of PS. Case No.-156 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Akbar Alam S/O Taiyyab @ Taiyab Alam Resident of Village- Thegapur, Ward No- 01, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Siyaram Pandey, Adv.

For the Opposite Party/s :

Mr. Anant Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jokihat P.S. Case No. 156 of 2022, lodged under Sections 412, 414 & 411 of the Indian Penal Code.

As per prosecution case, on secret informant the Police party has made a raid in the garage of petitioner, and recovery of two stolen motorcycles has been made from the said garage.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that one motorcycle which was subject to recovery

Patna High Court CR. MISC. No.38672 of 2022(2) dt.01-11-2022 2/2 belongs his customer, but about for another motorcycle, he has no explanation. He further submits that petitioner is in custody since 31.03.2022. Learned counsel for the petitioner further submits that some of the co-accused persons have been granted bail by the Co-ordinate Bench of this Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present, but the petitioner is at liberty to move for his regular bail after framing of charge. The Trial Court is directed to release the petitioner on bail imposing its own condition, so that he may not evade his appearance during trial.

With this observation, the bail application stands dismissed.

(Dr. Anshuman, J.) ritik/- U T