Sk. Iliyas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1503 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- MANPUR District- West Champaran ====================================================== SK. ILIYAS son of SK. Nayeen Resident of Village Pakdi, Punchrukha P.S. Manpur, Bettiah, District West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code. Acting on a tip-off, when the informant, who happens to be S.I. of Manpur Police Station, along with the police force raided at the house of the petitioner, two stolen motorcycles are said to have been recovered from his house. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to

Patna High Court CR. MISC. No.1503 of 2021(2) dt.08-03-2021 2/2 ulterior motive. The seized motorcycle was not recovered from the possession of the petitioner or petitioner's house. The motorocycle in question has been recovered from a lonely hut located outside of the village and when the police failed to search out the real person then ten days thereafter the so called seizure list and F.I.R. was sent to the concerned Court. The F.I.R. does not disclose the name of the accused nor the same has been served to any of the family member of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 21.08.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1stClass, Bettiah, West Champaran in connection with Manpur P.S. Case No.24 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T