Chhote Mian @ Md. Chhote @ Amir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65148 of 2022 Arising Out of PS. Case No.-170 Year-2018 Thana- KATRA District- Muzaffarpur ====================================================== Chhote Mian @ Md. Chhote @ Amir Ahmad Son Of Late Md. Naim @ Md. Moin @ Moin R/O Vill.- Rajo, P.S.- Singwara, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-02-2023 Let the defect(s), 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 Katra P.S. Case No.170 of 2018 registered for the offences punishable under Sections 414, 467, 468, 471, 120B, 201/34 of the Indian Penal Code.

As per the prosecution, the police personnel on a secret information raided the alleged shop and recovered a stolen truck and this petitioner is alleged to have been involved in the alleged crime.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in

Patna High Court CR. MISC. No.65148 of 2022(2) dt.28-02-2023 2/2 the FIR, his name surfaced in the alleged crime in the confessional statement of apprehended co-accused persons namely Md. Jamal and Kanhaiya Kumar and the petitioner was not arrested at the spot and co-accused Santosh Yadav whose name in the alleged crime was also revealed by the said coaccused persons Md. Jamal and Kanhaiya Kumar has been granted Anticipatory Bail by a Co-ordinate Bench of this Court vide order passed in Cr. Misc. No.15071 of 2018 and the apprehended co-accused persons have also been granted bail by the Court below and the petitioner has been languishing in jail since 12.09.2022 having fair and clean antecedent. Learned APP appearing for the State has opposed the bail prayer.

Considering the aforesaid facts, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Katra P.S. Case No.170 of 2018.

(Shailendra Singh, J) sangam/- U T