Khalilur Rahman @ Khalilur Rahman Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54698 of 2024 Arising Out of PS. Case No.-881 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== Khalilur Rahman @ Khalilur Rahman Khan Son of Late Abu Bakar Siddiki @ Abu Bakar Siddiki Khan R/o Village - Kokila Maulvi Para, P.S.- Abhayapuri, District - Bangaigaon (Assam).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 881 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that Scorpio vehicle of the informant was stolen by unknown miscreants while it was parked on 29-11-2023 in front of his door. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-02-2024. Petitioner

Patna High Court CR. MISC. No.54698 of 2024(3) dt.13-11-2024 2/3 bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case on the basis of his self-confessional statement taken in connection with Patherwa P.S. Case No. 324 of 2023. Nothing incriminating has been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph Nos. 3, 4 & 5 of the case diary, it is submitted that witnesses have supported the prosecution case. Paragraph No. 29 of the case diary is verification of the recovered vehicle from Patherwa.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.54698 of 2024(3) dt.13-11-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah Town P.S. Case No. 881 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T