Manir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82815 of 2023 Arising Out of PS. Case No.-632 Year-2023 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Manir Alam Son Of Late Nakched Miya @ Nakchhed Miyan R/O VillageGurwaliya Gulab Tola, P.S.- Manuapul, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 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 414 and 34 of the Indian Penal Code.

3. As per FIR, during the course of checking, two persons were apprehended with a motorcycle. On query, they disclosed their name as Sajjad Ansari(Driver) and this petitioner(pillion rider). They said that the said motorcycle was stolen one.

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. It is further submitted that

Patna High Court CR. MISC. No.82815 of 2023(2) dt.20-12-2023 2/2 petitioner was a pillion rider of the said vehicle from which he took lift from co-accused but he has no knowledge that the said motorcycle was stolen one. Nothing incriminating article has been recovered from his conscious possession. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. This case is triable by the Court of learned Judicial Magistrate. Moreover, the petitioner is languishing in judicial custody since 25.09.2023.

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 the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Town P.S. Case No. 632 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 Chief Judicial Magistrate, Motihari, East Champaran. (Sunil Kumar Panwar, J) sushmaU T