Taufique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77945 of 2024 Arising Out of PS. Case No.-471 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== 1.

Taufique Alam Son of Sahadulla @ Sahadulla Ali Resident of village - Pratappur Surwaniya, P.S.- Manjhagarh, District - Gopalganj. 2.

Munna Ali Son of Kayamuddin Miyan Resident of village - Jagmalawa, P.S.- Thawe, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Siwan Town P.S. Case No. 471 of 2023 instituted for the offences under Sections 413/414 of the Indian Penal Code.

3. Prosecution case, in short, is that, during vehicle checking the accused persons tried to flee away on seeing the police, but were apprehended and one stolen motorcycle was recovered.

4. Learned counsel for the petitioners submitted that

Patna High Court CR. MISC. No.77945 of 2024(2) dt.28-10-2024 2/3 the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern the vehicle in question. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioners that the petitioner nos. 1 and 2 are in custody since 22.06.2024 and 09.08.2024 respectively. Petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 has five criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Siwan Town P.S. Case No. 471 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.77945 of 2024(2) dt.28-10-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T