Md. Jubair v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86534 of 2023 Arising Out of PS. Case No.-300 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== 1.

Md. Jubair Son Of Md. Murtuja Resident Of Village- Chandwara Dhab, PsMuzaffarpur, Dist- Muzaffarpur 2.

Md. Reyaz @ Vishal Son Of Vijay Parasad Sah Resident Of VillageMaleshwar Mai, Ps- Tarapati, Dist- Dhanusha (NEPAL), At Present VillageValaha Valahi, Ps- Sitamarhi, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Singh For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 379 of the Indian Penal Code.

It is a case of theft of informant's motorcycle bearing Reg. No. BR-30T-3183, when he parked his motorcycle at the side of road.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.86534 of 2023(2) dt.12-01-2024 2/3 petitioners that the petitioners are innocent and they have falsely been implicated in the present case. Neither the petitioners are named in F.I.R. nor they have been put on T.I.P. Nothing incriminating has been recovered from their possession. The petitioners were apprehended in Sitamarhi P.S. case No. 301 of 2023, from which they have been remanded in the present case on the basis of their own confessional statement. Moreover, the petitioners are languishing in judicial custody since 15.06.2023. Similarly situated co-accused persons have been granted bail by co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners is directed to be enlarged on bail in connection with Sitamarhi (Mehsaul) P.S. Case

Patna High Court CR. MISC. No.86534 of 2023(2) dt.12-01-2024 3/3 No. 300 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi.

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