Arshad Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63652 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- MOTIHARI RAIL P.S. District- West Champaran ====================================================== 1.
Arshad Ali Son Of Samsuddin Ansari Village- Lakshmipur Ward No. 14, PsRaghunath Pur (Op), Dist- East Champaran 2.
Md. Hasan Son Of Dr. Gaffur Village- Nakched Tola, Ward No. 04, PsNagar Motihari, Dist- East Champaran 3.
Sikandar Ram Son Of Hukum Ram Village- Henri Bazar, Nakched Tola, Ward No. 04, Ps- Nagar Motihari, Dist- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Motihari Rail P.S. Case No. 01 of 2022 registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that a laptop, two printers and other articles were stolen by some unknown miscreants from office of the informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The
Patna High Court CR. MISC. No.63652 of 2023(2) dt.10-10-2023 2/2 petitioners are not named in the FIR. They have falsely been implicated in this case on the basis of confessional statement of co-accused Md. Jahid who has already been enlarged on bail which is evident from Annexure-2. Nothing has been recovered from conscious possession of the petitioner rather the said articles are seized from garbage near Railway Office. It is further submitted that the petitioners are languishing in judicial custody since 8.1.2022.
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, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Motihari Rail P.S. Case No. 01 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran.
(Sunil Kumar Panwar, J) Amandeep/- U T