Patna High CourtCR. MISC./80342/2023allowed

Samirullah @Samir Alam @Samirullah Alam v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80342 of 2023 Arising Out of PS. Case No.-745 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Samirullah @Samir Alam @Samirullah Alam Son Of Shekh Bahram Resident Of Village- Purainia, P.S. Balthar, District- West Champaran At Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414 of the Indian Penal Code.

3. As per prosecution case, the petitioner is said to have been apprehended with a motorcycle bearing Registration No. BR22C-6053 which is found stolen property.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the stolen motorcycle and the same was being driven by co-accused. It is a case of triable by Court of Judicial Magistrate. It is further submitted that the petitioner is

Patna High Court CR. MISC. No.80342 of 2023(2) dt.14-12-2023 2/2 languishing in judicial custody since 8.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed, in connection with Shikarpur P.S. Case No. 745 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bettiah at West Champaran.

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