Md. Mofizuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40375 of 2020 Arising Out of PS. Case No.-288 Year-2020 Thana- KORHA District- Katihar ====================================================== MD. MOFIZUDDIN S/o ABDUL KHALID R/o Kantipur, Tingharia, P.SKorha, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Korha Police Station Case No. 288 of 2020, registered for the offence punishable under Section 414 of the Indian Penal Code. The prosecution story, as per the First Information Report, is that the motorcycle of the petitioner was intercepted by the police and upon query, the petitioner did not produce the papers regarding the ownership of the said motorcycle and it is alleged that the motorcycle, in question, was stolen one. Learned Counsel for the petitioner submits that the petitioner has got no criminal antecedent and has falsely been implicated in this case with oblique motive. He further submits that the motorcycle in question was purchased by the petitioner from one Md. Maksood on 08.04.2020 for the consideration

Patna High Court CR. MISC. No.40375 of 2020(2) dt.26-03-2021 2/2 amount of Rs. 31,000/- and for which, a sale letter was executed by said Md. Maksood. He next submits that the petitioner was not aware that the motorcycle, in question, was stolen property. He next submits that the petitioner is in custody since 25.06.2020, i.e. for almost nine months and charge sheet has already been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 25.06.2020, having no criminal antecedent and charge sheet has been submitted against him, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Korha Police Station Case No. 288 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √