Majre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71970 of 2022 Arising Out of PS. Case No.-54 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Majre Alam Son Of Md. Bashir R/O Village- Dumra, P.S.- Dumra, DistrictSitamarhi, At Present Resident Of Village- Tidabari, Bhikhanpur Gumti No.3, P.S.- Ishakchak, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ishakchak P.S. Case No. 54 of 2022 registered under sections 380, 383, 120(B) and 34 of the Indian Penal Code.

The prosecution case, in short, is that on 25.03.2022, the informant alleges that the golden and silver ornaments along with some documents were stolen away from her Almirah by the petitioner along with other co-accused persons. 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. His name came in the F.I.R. during the course of investigation. Neither the petitioner was arrested on spot nor any incriminating

Patna High Court CR. MISC. No.71970 of 2022(2) dt.18-03-2023 2/2 article has been recovered from his conscious possession. He has no concern either with the alleged occurrence or with the other co-accused person. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 26.03.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 02.03.2023 in Cr. Misc. No. 41255 of 2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ishakchak P.S. Case No. 54 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur. (Sunil Kumar Panwar, J) shubham/- U T