Patna High CourtCR. MISC./77578/2024bail granted

Md. Arsad Raza @ Arshad Raza v. The State Of Bihar

2025-01-29Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77578 of 2024 Arising Out of PS. Case No.-02 Year-2024 Thana- Sahayak Khajanchi District- Purnia ====================================================== Md. Arsad Raza @ Arshad Raza, S/O Md. Ali Raza, R/O Madhopara, Ruigola, Ward No -29 P.S.- Sahayak Khazanchi, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Sahayak Khazanchi P.S. Case No. 02 of 2024, registered for the alleged offence under Sections 379/411 of the Indian Penal Code.

3. As per prosecution case, the E-rickshaw of the informant was stolen by some unknown thieves and the name of the petitioner transpired during investigation for being involved in the theft.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was a passenger and he was apprehended

Patna High Court CR. MISC. No.77578 of 2024(3) dt.29-01-2025 2/3 while sitting in the E-rickshaw and has no involvement in the crime. The petitioner is having antecedent of two cases. The petitioner is in custody since 04.03.2024 and the charge sheet has been submitted.

5. The learned A.P.P. opposes the submission made on behalf of the petitioner. The learned APP submits that the petitioner is a habitual offender and is accused in two other cases of similar nature.

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Sahayak Khazanchi P.S. Case No. 02 of 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

Patna High Court CR. MISC. No.77578 of 2024(3) dt.29-01-2025 3/3 (iii) The petitioner will not indulge in similar type of offences in future.

(iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T