Md. Abid @ Gulab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64786 of 2022 Arising Out of PS. Case No.-504 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Md. Abid @ Gulab Son of Md. Moeen R/o Dariyapur, P.S- Hathidah, DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sonali Kishore, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Bihar P.S. Case No. 504 of 2022 registered for the offence punishable under Section 414 of the Indian Penal Code.

As per the prosecution, the police personnel on secret information raided the alleged place and apprehended this petitioner and recovered one stolen vehicle with different number plates on both ends.

The main submissions advanced by learned counsel for the petitioner are that the alleged car which was presumed to be

Patna High Court CR. MISC. No.64786 of 2022(2) dt.02-03-2023 2/2 stolen, was not recovered from the conscious possession of this petitioner as the same was recovered from a public place which reflects from the seizure memo and the petitioner is suffering from several serious ailments and one of his ailments is communicable disease and in this regard his medical prescriptions issued by AIIMS, Patna have been filed vide Annexure-2 and petitioner does not know how to drive a fourwheeler which shows that the allegation levelled in the FIR is completely false against him and he has been languishing in jail since 06.07.2022, having fair and clean antecedent. Learned APP for the State has opposed the bail prayer.

Considering the aforesaid facts and mainly petitioner's fair and clean antecedent and his custody period and also his present health condition, as appears from the Annexure-2, in my view, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in connection with Bihar P.S. Case No. 504 of 2022.