Patna High CourtCR. MISC./61605/2024bail granted

Md. Mahatab @ Golaki v. The State Of Bihar

2024-09-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61605 of 2024 Arising Out of PS. Case No.-170 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Md. Mahatab @ Golaki S/o Shah Alam Resident of village- Shikarganj, P.S. - Shikarganj, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar Mr. Hemant Rai For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Pakaridayal P.S. Case No. 170 of 2022 dated 29.06.2022 registered for the offences u/s 379 of the Indian Penal Code.

3. As per the prosecution case, the informant's motorcycle was stolen by unknown miscreants.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused persons, Md. Jaharuddin and Daud Mohhamad.

Patna High Court CR. MISC. No.61605 of 2024(2) dt.12-09-2024 2/2 The other co-accused person has already been granted bail by this court vide order dated 01.08.2024 passed in Cr. Misc. No. 50321/2024. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, at Motihari in connection with Pakaridayal P.S. Case No. 170 of 2022, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T