Patna High CourtCR. MISC./70126/2023allowed

Md. Imitayaj v. The State Of Bihar

2023-11-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70126 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== MD. IMITAYAJ Son of Khurshid Khan @ Md. Khurshid Khan Resident of village - Pupari Rajbag, P.S.- Pupari, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 413, 414 and 34 of the Indian Penal Code.

3. It is a case of recovery of stolen motorcycles from the petitioner and other accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He has no concern with the recovery of said motorcycle as alleged. He is not in trade of sale and purchase of stolen motorcycle nor he has stolen the said motorcycle. This case is triable by the court of Judicial Magistrate. A statement has been

Patna High Court CR. MISC. No.70126 of 2023(2) dt.03-11-2023 2/2 made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 28.07.2023.

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 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 Sub-Divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Pupri P.S. Case No. 316 of 2023.

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