Md. Babul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72 of 2023 Arising Out of PS. Case No.-262 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Md. Babul S/O Md. Alamat @ Md. Salamat R/O Village- Raushanganj, Sahiyaganj, P.S.- Bhawanipur, Distt- Purnia.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Mallick For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 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 a case registered for the offences punishable under Sections 379 of the Indian Penal Code.

It is a case of theft of motorcycle, bearing registration number BR-11AC-6191, of the informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is not named in the F.I.R. Nothing has been

Patna High Court CR. MISC. No.72 of 2023(2) dt.24-03-2023 2/3 recovered from the possession of the petitioner. The aforesaid motorcycle has been recovered from the house of co-accused, namely, Md. Harun. Except confessional statement of Md. Murtaza, there is no legal evidence against the petitioner. Moreover, the petitioner is languishing in judicial custody since 19.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that petitioner was also apprehended on spot. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhawanipur P.S. Case No. 262 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.72 of 2023(2) dt.24-03-2023 3/3 to the satisfaction of the learned C.J.M., Purnea. (Sunil Kumar Panwar, J) nirajkrs/- U T