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Patna High CourtCR. MISC./7601/2021allowed

Md. Mainuddin v. The State Of Bihar

2021-06-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7601 of 2021 Arising Out of PS. Case No.-489 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== MD. MAINUDDIN, SON OF MOHAIDIN @ MOHAUDDIN R/O VILL.- SOWAN, P.S.- KRISHNABRAHM (BRAHMPUR), DIST.- BUXAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar Pradhan, Adv.

For the Opposite Party/s :

Mr.Pramod Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-06-2021 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 Sections 379/414/427/467/468/34 of the Indian Penal Code.

The allegation against the petitioner is that he is indulged in keeping, dealing and selling of stolen motorcycle. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is apparently clear from the FIR that so far this petitioner is concerned a Hiro Honda motorcycle of black colour

Patna High Court CR. MISC. No.7601 of 2021(2) dt.03-06-2021 2/2 and four motorcycle parts engine of different company alleged to have been recovered from the garage of the petitioner saying that mobile vehicle app does mismatch the details regarding engine no. and chesis no. as same is not according to the registration no. of the said motorcycle. The petitioner is languishing in judicial custody since 14.09.2020. Charge-sheet has been submitted in this case. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Similarly situated co-accused has been granted bail by a co-ordinate bench of this Court vide Cr. Misc. no.4383/2021. 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 Brahampur (Krishnabrahm) P.S. Case No. 489/2020 to the satisfaction of learned Court below where the case is pending.

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