Nadeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68807 of 2023 Arising Out of PS. Case No.-232 Year-2023 Thana- AMAUR District- Purnia ====================================================== 1.

Nadeem S/O Nazamuddin R/O Village- Bajaudih, P.S- Amour, Distt.- Purnia.

2.

Nisar Ahmad S/O Tohid Alam @ Md Tauheed R/O Village- Bajaudih, P.SAmour, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 452, 379, 411/34 of the Indian Penal Code.

3. As per prosecution case, there is recovery of 40 liters of diesel and Exide battery from the petitioners.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. In fact the petitioners were the passerby and recovered articles were kept adjacent to road by the employee of the

Patna High Court CR. MISC. No.68807 of 2023(2) dt.03-11-2023 2/2 present informant and when the petitioners were crossing the road the battery touched the body of one the petitioners resulted into scuffle for which the present has been lodged. No incriminating articles have been recovered, either any vehicle or any other conveyance for taking away for taking away 40 liters of diesel and Exide battery. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Petitioners are languishing in judicial custody since 23.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnia in connection with Amour P.S. Case No. 232 of 2023. (Sunil Kumar Panwar, J) lata/- U T