Patna High CourtCR. MISC./53080/2021bail granted

Md Haidar Alias Sarfaraj v. The State Of Bihar

2022-04-05Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53080 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- DHURAIYA District- Banka ====================================================== MD HAIDAR ALIAS SARFARAJ SON OF RAFIQUE ANSARI RESIDENT OF VILLAGE- RABBIDIH, P.S- DHORAIYA, DIST- BANKA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The matter relates to Dhoraiya P.S. Case No. 96 of 2021 registered under Section 379 of the Indian Penal Code lodged by Pradeep Rajak on 26.04.2021.

As per the prosecution case, he had parked his motorcycle on the 'Barandah' of his home and the same was stolen. This led to the lodging of the First Information Report against unknown. Subsequently, the motorcycle was recovered from accused Ajay Yadav and he made a confession naming amongst other the petitioner herein.

Learned counsel for the petitioner submits that the vehicle has not been recovered from him and he is in jail since 13th of July, 2021. He has also brought on record the order of coordinate Bench of this Court dated 5th of January, 2022 in Cr.

Patna High Court CR. MISC. No.53080 of 2021(2) dt.05-04-2022 2/2 Misc. No. 41211 of 2021 (Md. P.K. @ Madhudha Ansari @ Badashah) in which the bail has been allowed to the petitioner of that case. Counsel for the petitioner lastly submits that he is also on the similar footing, the privilege of bail may be granted to him.

Taking into account the aforesaid facts as also that the name of the petitioner also cropped up during the confession of Ajay Yadav and that since he does not have any criminal antecedent, he deserve bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each in connection with Dhoraiya P.S. Case No. 96 of 2021 to the satisfaction of learned Chief Judicial Magistrate, Banka.

Let the order dated 05.01.2022 passed in Cr. Misc. No. 41211 of 2021 be kept on record.

(Rajiv Roy, J) Jagdish/- U T