Patna High CourtCR. MISC./50836/2023allowed

Md. Afsar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50836 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== Md. Afsar Son Of Md. Anwar Resident Of Village -Saraunji, Teusa Bazar, PsMahkar, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Mohan Das For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 461, 379, 411 of the Indian Penal Code.

3. As per prosecution case, the petitioner was alleged to have caught by the informant on spot while he was trying to escape. From possession of the petitioner, stolen trolley bag containing household was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. As a matter of fact, the petitioner had gone to purchase some items, meanwhile, the shopkeeper(informant) caught him on the basis of suspicion and implicated the petitioner in the present case. It

Patna High Court CR. MISC. No.50836 of 2023(2) dt.11-08-2023 2/2 is also submitted good sense has been prevailed between the parties. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 1.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Belaganj P.S. Case No. 65 of 2023 on 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, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T