Farid Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73652 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== FARID SHEKH Son of Bhuar Sheikh @ shekhm Bhuar R/V- Bhedihari, P.SPurushottampur, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 413, 414/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that her buffalo and calf were stolen and during search the informant came to know that her stolen cattle were tied at the door of coaccused persons. Later on, it was known that this petitioner was also involvement in the theft of her cattle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner was

Patna High Court CR. MISC. No.73652 of 2022(2) dt.21-03-2023 2/2 arrested from the place of occurrence nor any stolen cattle have been recovered from his possession. The name of petitioner has been sprang up in the case merely on suspicion whereas, the recovery of cattle has been made from door of co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 3.11.2022.

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. The above named petitioner is directed to be released on bail in connection with Purushottampur P.S. Case No. 83 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bettiah, West Champaran.

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