Patna High CourtCR. MISC./76839/2023bail granted

Md Israr @ Israr Alam v. The State Of Bihar

2023-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76839 of 2023 Arising Out of PS. Case No.-612 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Md Israr @ Israr Alam S/O Sk. Iliyas Ahmad @ Md. Shekh Iliyas VillageJhitkahiya, Ps.Muffasil, Dist.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Motihari Town P.S. case No. 612 of 2023 instituted for the offences under Sections 414, 420, 465, 468, 471 of the Indian Penal Code.

3. It is alleged that this petitioner was caught with stolen motorcycle.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.09.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the possession of the petitioner and he was apprehended only on

Patna High Court CR. MISC. No.76839 of 2023(2) dt.04-12-2023 2/2 the basis of suspicion.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Motihari Town P.S. case No. 612 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T