Patna High CourtCR. MISC./80592/2024bail granted

Md. Ashraf @ Asharaf Alee v. The State Of Bihar

2024-12-20Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80592 of 2024 Arising Out of PS. Case No.-68 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Md. Ashraf @ Asharaf Alee, Son of Md. Shafik, Resident of Village - Husaina Ward No.10, P.S. - Sitamarhi, District - Sitamarhi, at present residing at Village - Mahsaul East Ward No. 12, P.O. - Mahsaul Rampur, P.S. - Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-12-2024 Heard learned counsel for the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

2. The petitioner in the present case is seeking regular bail in connection with Dumra P.S. Case No.68 of 2021 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. He is in custody since 23.09.2024. The petitioner has got one criminal antecedent.

3. As per the prosecution story, a stolen motorcycle was recovered from the house of the co-accused Gopal Krishna.

4. Learned counsel for the petitioner submits that the name of the petitioner has transpired in the confessional statement of co-accused Gopal Krishna from whose house the stolen motorcycle was recovered. It is submitted that the

Patna High Court CR. MISC. No.80592 of 2024(2) dt.20-12-2024 2/3 petitioner has got one criminal antecedent and he is in custody since 23.09.2024.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Having regard to the submissions that the name of the petitioner has transpired in the confessional statement of the co-accused Gopal Krishna from whose house the stolen motorcycle has been recovered, the investigation against the petitioner is complete and he has only one criminal antecedent as disclosed in paragraph '3' of the application, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No.68 of 2021, subject to the conditions as laid down under Section 437(3) Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order

Patna High Court CR. MISC. No.80592 of 2024(2) dt.20-12-2024 3/3 shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T