Patna High CourtCR. MISC./73696/2022bail granted

Md. Murtuza v. The State Of Bihar

2023-04-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73696 of 2022 Arising Out of PS. Case No.-262 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== MD. MURTUZA Son of Md. Harun R/v- Roushanganj Ward No. 1, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Bhawanipur P.S. Case No. 262 of 2022 dated 18.10.2022 registered for the offences punishable u/s 379 of the Indian Penal Code. As per the prosecution case, it is a case of theft of the motorcycle of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up during the course of the investigation.

Patna High Court CR. MISC. No.73696 of 2022(2) dt.06-04-2023 2/2 The said motorcycle was recovered from the house of the coaccused Md. Harun who is said to be the father of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 24.03.2023 passed in Cr. Misc. No. 72 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.10.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Bhawanipur P.S. Case No. 262 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T