Patna High CourtCR. MISC./52770/2022allowed

Saddam Hussain v. The State Of Bihar

2023-01-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52770 of 2022 Arising Out of PS. Case No.-410 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== SADDAM HUSSAIN SON OF JAHAGIR ALAM R/O VILLAGEJAISINGHPUR, KHIRWA BAZAR, P.S.- TURKAULIYA, DISTRICTEAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a caseregistered for the offence punishable under sections 379 and 411 of the Indian Penal Code.

Prosecution case relates to recovery of stolen motorcycle from possession of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. It is highly improbable that Kanhaiya Ram produced the petitioner before the informant police,who is resident of a village four kilometer away from the place of occurrence and apart from this, how could he identify that the alleged motorcycle is a

Patna High Court CR. MISC. No.52770 of 2022(2) dt.17-01-2023 2/2 stolen property. In fact, petitioner and relative of Kanhaiya Ram are co-villagers and both are on inimical term and only with a view to harass him, they have falsely implicated the petitioner in the present case. Petitioner is languishing in judicial custody since 07.05.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 410 of 2022.

(Sunil Kumar Panwar, J) sushma/- U