Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53589 of 2023 Arising Out of PS. Case No.-392 Year-2023 Thana- GANDHIMAIDAN District- Patna ====================================================== MD. FIROZ S/O MD. MUSHAHBDIN R/O VILLAGE- POSUWA, PATARIA, PS. RIGA, DIST. SITAMARHI. AT PRESENT RESIDING AT MOHALLA- COLONY MORE KANKARBAGH, PS. KANKARBAGH, DIST. PATNA. RENTER IN THE HOUSE OF SANTOSH YADAV ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioner is that from his possession there has been recovery of four roll Mig wire of 1.2 mm, Fisher Company, Anchor Lazar 450 piece and two cylinder of fire extinguisher of 6 kg.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. On the basis of suspicion and due to his criminal antecedents, he has been implicated in the present case.

Patna High Court CR. MISC. No.53589 of 2023(2) dt.25-08-2023 2/2 Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. The trial of this case is triable by learned Judicial Magistrate. The petitioner is ready to face trial and there is no chance to hampering and tampering with the evidence of the case and has sufficient custody. He is languishing in judicial custody since 20.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Gandhimaidan P.S. Case No. 392 of 2023.

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