Patna High CourtCR. MISC./60883/2023allowed

Abdul Salam v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60883 of 2023 Arising Out of PS. Case No.-311 Year-2023 Thana- JOGAPATTI District- West Champaran ====================================================== ABDUL SALAM Son of Late Ociar Sheikh @ Late Osiyar Sheikh R/o vill - Bhedihari, P.S. - Purushottampur, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 412, 413, 414, 420, 467, 468, 471/34 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act. There is recovery of one stolen motorcycle from the rented house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the stolen motorcycle. The petitioner

Patna High Court CR. MISC. No.60883 of 2023(3) dt.06-12-2023 2/2 has still not been put on T.I.P. The petitioner is languishing in custody since 12.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 04.12.2023 passed in Cr. Misc. No. 74372 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Yogapatti P.S. Case No. 311 of 2023.

(Sunil Kumar Panwar, J) manishkumar/- U