Naushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4194 of 2023 Arising Out of PS. Case No.-359 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Naushad Alam Son Of Azijul Haque R/V- Duboylia Murgia Tola, P.S.- Ramgarhwa, District- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 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 section 461, 367, 379 of the Indian Penal Code.

As per prosecution case, on 16.08.2022 some unknown thieves committed theft of laptop, gold and silver ornaments, cash of Rs. 50,000/- and other articles after breaking lock of the house of the informant's maternal uncle while he along with his family members had gone to attend marriage ceremony.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.4194 of 2023(3) dt.12-04-2023 2/2 suspicion. Petitioner has no concern with the alleged occurrence and he is also not named in the FIR. It is further submitted that the occurrence held on 16.08.2022 but the present case has been lodged on 18.08.2022 after two days delay. Petitioner is languishing in judicial custody since 06.09.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chakia P.S. Case No. 359 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 Chief Judicial Magistrate, East Champaran, Motihari.

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