Patna High CourtCR. MISC./72073/2024allowed

Hafijul Rahmand @ Hafijul Rahman v. The State Of Bihar

2024-10-05Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72073 of 2024 Arising Out of PS. Case No.-569 Year-2021 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Hafijul Rahmand @ Hafijul Rahman Son of Md. Sabid @ Md. Sabir @ Md. Savid R/o- Mantola, P.s- Pandul, Dist-Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 379 of the Indian Penal Code.

3. According the case of prosecution, it is alleged by the informant that his motorcycle along with his bag and mobile phone got stolen by some unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner is not named in FIR rather his name has surfaced in this case during investigation on the basis of confessional statement of co-

Patna High Court CR. MISC. No.72073 of 2024(2) dt.05-10-2024 2/2 accused person before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the possession of the petitioner only because, he has criminal four criminal antecedents, he has been dragged in this case. Moreover, he is languishing in judicial custody since 02.08.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Darbhanga Sadar P.S. Case No. 569 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 C.J.M., Darbhanga with a condition that the petitioner will not repeat offence of similar nature after enlargement on bail.

(Ashok Kumar Pandey, J) Shubham/- U T