Tofik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2349 of 2025 Arising Out of PS. Case No.-160 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Tofik S/o- Rukmuddin Village- House No 109, Ward No 8 Nuh marg, P.S. Tauru District- Nut Mewat Hariyana ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Turkauliya P.S. Case No. 160 of 2024 dated 09.03.2024 registered for the offences punishable under sections 461 and 379 of the Indian Penal Code.
3. As per the prosecution case, some unknown miscreants are alleged to have committed theft of Rs. 10,20.700/- from the ATM card after cutting the machine with Gas Cutter.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.2349 of 2025(3) dt.19-03-2025 2/3 this case. The petitioner is not named in the FIR. The name of the petitioner has transpired in the confessional statement of the co-accused Safi @ Md. Safi. Similarly situated co-accused has already been granted bail by this court vide order dated 05.09.2024 passed in Cr. Misc. No. 60398 of 2024. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 25.09.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 160 of 2024, with a condition:- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the
Patna High Court CR. MISC. No.2349 of 2025(3) dt.19-03-2025 3/3 bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T