Md Rafique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54850 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== MD RAFIQUE Son of Md. Saiyad @ Md. Shahajad Resident of village - Lalbag, P.S. - Town, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with L.N.M.U P.S. Case No.146 of 2023 dated 16.05.2023 registered for the offence/s punishable under Section/s 414/34 of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner runs a scrap shop and according to the nature of his business, he used to purchase scrap materials and other articles from customers and as per allegation concerned to the present matter, the petitioner purchased one motorcycle and two tyres of a motorcycle from the co-accused persons and except this there is

Patna High Court CR. MISC. No.54850 of 2023(2) dt.30-08-2023 2/2 no any other allegation against him, he bonafidely purchased the alleged articles and at that time he had no knowledge of the same as being stolen articles. Further submissions are that against the petitioner there is criminal antecedent of one case in which he is on bail and in the present matter he has been languishing in jail since 17.05.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the nature of allegation levelled against the petitioner in the FIR and also the completion of investigation against him, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with L.N.M.U P.S. Case No.146 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) sangam/- U T