Patna High CourtCR. MISC./65261/2023allowed

Irfan Ali v. The State Of Bihar

2023-10-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65261 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Irfan Ali Son Of Noor Mohammad Shah Resident Of Village- Devalpur, Akil Tola, Ps- Manjhagarh, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Singh For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414 and 34 of the Indian Penal Code.

3. Prosecution case relates to recovery of one scorpio vehicle from the place of occurrence and the driver of the said vehicle fled from there and this petitioner was apprehended by the police on that place.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. It is further submitted that petitioner is neither the driver of the said

Patna High Court CR. MISC. No.65261 of 2023(2) dt.12-10-2023 2/2 vehicle nor anything incriminating has been recovered from him. He has no concern with the said vehicle rather the same belongs to one Devendra Pratap. This case is triable by the Court of learned Judicial Magistrate. Moreover, the petitioner is languishing in judicial custody since 06.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumariyaghat P.S. Case No. 124 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran at Motihari.

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