Patna High CourtCR. MISC./63077/2024bail granted

Md. Mahatab @ Golaki v. The State Of Bihar

2024-09-19Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63077 of 2024 Arising Out of PS. Case No.-177 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== Md. Mahatab @ Golaki Son of Shah Alam Resident of village - Shikarganj, Ps- Chiraiya Shikarganj (op), Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2024 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. 177 of 2022 dated 08.07.2022 registered for the offences u/s 379 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants are alleged to have stolen the informant's motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioners is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced in this case on the basis of

Patna High Court CR. MISC. No.63077 of 2024(2) dt.19-09-2024 2/3 confessional statement of Md. Jaharuddin. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has six criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2023. The co-accused has been granted regular bail by this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 40195 of 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 and the nature of allegation against the petitioner, the petitioner above-named, 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. 177 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 bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.63077 of 2024(2) dt.19-09-2024 3/3

7. The application stands allowed.

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