Patna High CourtCR. MISC./67534/2023allowed

Raiyan Khan v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67534 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== Raiyan Khan Son of Imtiyaz Khan Resident of Village - Gangti, P.S.- Pupri, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 379 and 411 of the Indian Penal Code.

3. As per FIR, there has been recovery of one motorcycle bearing Registration No. BR30L-4471 from the accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He submitted that the petitioner has no knowledge that the said motorcycle is a stolen property. Only, on the basis of suspicion, petitioner has been falsely implicated in the present case. No

Patna High Court CR. MISC. No.67534 of 2023(2) dt.31-10-2023 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Further, it is submitted that the other co-accused has already been granted bail by this Bench vide order dated 27.03.2023 passed in Cr. Misc. No. 774 of 2023. He is languishing in judicial custody since 29.09.2022.

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 petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Bajpatti P.S. Case No. 302 of 2022.

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