Md. Rustam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49736 of 2022 Arising Out of PS. Case No.-130 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== Md. Rustam, Son of Nasir, Resident of Village - Mugalpura, P.S.- Sasaram (N), District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Narayan Singh 1, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner who is in custody since 17.02.2022 seeks bail in connection with Sasaram P.S. Case No. 130 of 2022 for the offence registered under Sections 413 and 414 of the Indian Penal Code.

As per FIR, the main allegation against the petitioner is of buying stolen motorcycle, which was recovered from his house and involvement in theft of motorcycle. Learned counsel for the petitioner submits that petitioner is innocent, having no criminal antecedent and has

Patna High Court CR. MISC. No.49736 of 2022(2) dt.13-12-2022 2/2 falsely been implicated in the present case, seizure list bears no signature of independent witness which shows that nothing has been recovered from conscious possession of the petitioner or from the house of the petitinoer. He further submits that similarly situated co-accused, namely Shahjad @ Miya@ Chiya@ Shahjaha Aalam has been granted bail by coordinate Bench of this Court vide order dated 29.09.2022 in Cr. Misc. No. 37563 of 2022.

Learned APP for the State has opposed the prayer for regular 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. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas in connection with Sasaram P.S. Case No. 130 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T