Patna High CourtCR. MISC./40241/2023bail granted

Md. Hanif @ Mohammad Manif v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40241 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== MD. HANIF @ MOHAMMAD MANIF Son of Md. Ajij Resident of village - Ghothawa, Budhar Tola, P.S. - Harpur Budhahar, Distt. - Gorakhpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Gopalganj (Town) P.S. Case No. 08 of 2023 dated 05.01.2023 registered for the offence punishable u/s 414 read with 34 of the Indian Penal Code.

4. As per the prosecution case, one mobile phone and one Bolero Pick-up were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.40241 of 2023(2) dt.24-07-2023 2/2 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 has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.01.2023.

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

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Gopalganj in connection with Gopalganj (Town) P.S. Case No. 08 of 2023, with the condition :- (I) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T