Md. Ujale v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71096 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== MD. UJALE S/O MD. KAMRUL R/O VILLAGE- FATEHPURWALA, WARD NO.-07, P.S- MUSARIGHARARI, DISTT.- SAMASTIPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code. Subsequently Section 411 of the I.P.C. is added.

It is a case of recovery of stolen motorcycle from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. Neither the petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing incriminating was

Patna High Court CR. MISC. No.71096 of 2023(3) dt.25-01-2024 2/2 recovered from the conscious possession of the petitioner rather the motorcycle in question was recovered from an abandoned place but at the instance of some enemies petitioner has been tagged in this case. Moreover, he is languishing in judicial custody since 05.08.2023. 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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be released on bail in connection with Karpurigram P.S. Case No. 53 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Samastipur. (Sunil Kumar Panwar, J) lata/- U T