Patna High CourtCR. MISC./85244/2023allowed

Md Jahangir v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85244 of 2023 Arising Out of PS. Case No.-484 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Md Jahangir son of Md. Akhtar both resident of village Andhana PS Noorsarai District Nalanda 2.

Md. Arman Son of Md. Kauim @ Kyum both resident of village- Andhana, p.s.- Noorsaria, district- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 379 and 411 of the Indian Penal Code.

3. As per allegation in the FIR, on 9.10.2023 informant parked his motorcycle in his house but on morning the same was missing from there. On the basis of GPS installed in the motorcycle, it was found that the same was parked near Rakesh Medical Store, Nalanda. Informant with police officials went there and two persons including the petitioner were arrested on spot and the stolen motorcycle was recovered from

Patna High Court CR. MISC. No.85244 of 2023(2) dt.09-01-2024 2/2 their Garage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Both the petitioners were engaged in garage as mechanic and both were working there at the time of their arrest. They have not committed theft of the said motorcycle. Petitioners were unaware about the fact that the said motorcycle was stolen one. Petitioners are languishing in judicial custody since 11.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) engaged with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 484 of 2023.

(Sunil Kumar Panwar, J) sushma/- U