Obedullah Rain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65842 of 2022 Arising Out of PS. Case No.-236 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== OBEDULLAH RAIN S/O SAFIKULLAH RAIN Resident of villageBhadaur, P.S.- Dewdha, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per prosecution case, while the informant was going his on motorcycle bearing Registration No. BR-32AH5193, in the meantime, four unknown miscreants intercepted him. Thereafter, they snatched his motorcycle along with his mobile phone and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been implicated in the present case only on the basis of suspicion.

Patna High Court CR. MISC. No.65842 of 2022(2) dt.25-02-2023 2/2 The name of the petitioner has been disclosed by co-accused Rajesh Kumar who was arrested in another case and from whose possession, the alleged stolen motorcycle has been recovered. Nothing incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 15.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jhanjharpur (ASOP) P.S. Case No. 236 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Jhanjharpur, Dist- Madhubani.

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