Mustafil Alam @ Mustafiz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4778 of 2021 Arising Out of PS. Case No.-481 Year-2020 Thana- CHANPATIA District- West Champaran ====================================================== MUSTAFIL ALAM @ MUSTAFIZ ALAM, SON OF MALGUZAR ANSARI @ MAL GUJAR MIYA, Resident Of Village - Akawa Parsauni, P.S. - Sahodra, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Uma Shankar Pd.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to 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. Prosecution case, in brief, is that as per FIR, during patrolling duty one person was seen coming on motorcycle. On seeing the police vehicle said person started fleeing away leaving his motorcycle, who was chased and caught by the police. On query the said apprehended accused disclosed his name as Mustafij Alam. On demand, he did not produce any

Patna High Court CR. MISC. No.4778 of 2021(2) dt.12-04-2021 2/2 paper of alleged motorcycle and told that the said motorcycle is stolen motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no T.I. Parade till date and the charge-sheet has been submitted against the petitioner. The petitioner is languishing in judicial custody since 21.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Chanpatia (Sirisiya) P.S. Case No. 481/2020 to the satisfaction of learned Court below where the case is pending.

(Anjani Kumar Sharan, J) amitkumar/- U T