Md. Junaid Hassan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80630 of 2024 Arising Out of PS. Case No.-370 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md. Junaid Hassan Son of Anamul Haque @ Shaikh Anamul @ Shekh Anamul R/O Vill.- Kthauli, P.S.- Maniyari, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazharul Hassan, Advocate For the Opposite Party/s :

Ms. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 370 of 2024 instituted for the offences under Sections 379, 420, 328 of the Indian Penal Code.

3. Prosecution case, in short, is that, some unknown miscreants hired the pick-up vehicle of the informant. The informant was intoxicated by the unknown miscreants due to which he became unconscious and his vehicle was stolen away by the miscreants.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of his self-confessional statement before the police. No incriminating

Patna High Court CR. MISC. No.80630 of 2024(3) dt.19-02-2025 2/2 article has been recovered from the conscious possession of the petitioner. There is no compliance of Section 103 of the BNSS. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.06.2024 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 17.02.2025 passed in Cr. Misc. No. 79927 of 2024.

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, claim based on parity as also 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 Hajipur Sadar P.S. Case No. 370 of 2024.

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