Mumtaj @ Mumtaj Alam @ Md. Mumtaj Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44439 of 2024 Arising Out of PS. Case No.-133 Year-2022 Thana- CHHATAPUR District- Supaul ====================================================== Mumtaj @ Mumtaj Alam @ Md. Mumtaj Alam Son Of Late Md. Ashik Khan Resident Of Village - Madhopur, Ward No. 01, P.S. - Chhataur, DistrictSupaul. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun .
For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.
3. As per allegation in the FIR, motorcycle of the informant was stolen away by unknown culprits and after two days the present case was filed against unknown. It is further alleged that during investigation, co-accused Pappu Yadav was arrested who confessed his guilt and at his instance stolen motorcycle was recovered from the courtyard of the petitioner.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case because of
Patna High Court CR. MISC. No.44439 of 2024(2) dt.25-06-2024 2/2 village politics. At the instance of co-accused Pappu Yadav, recovery of the motorcycle has been made from elsewhere but due to high-handedness of police, false recovery has been shown from the courtyard of the petitioner. He has got no criminal antecedent and languishing in judicial custody since 27.02.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Supaul in connection with Chhatapur P.S. Case No. 133 of 2022. (Sunil Kumar Panwar, J) sushma/- U