Halim Khan @ Md Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.339 of 2024 Arising Out of PS. Case No.-138 Year-2022 Thana- BAJPATTI District- Sitamarhi ====================================================== 1.

Halim Khan @ Md Ali Son of Jasim Khan Resident of VillageKachaharipur, P.S- Bajpatti, District- Sitamarhi. 2.

Lal Babu Nadaf Son of Late Badri Nadaf, Resident of Village - Paroha, P.S. Dumra, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

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

2. The petitioners seek regular bail in connection with Bajpatti P.S. Case No. 138 of 2022 registered for the offence under Sections 413, 414 of the IPC.

3. Prosecution case relates to recovery of mobile phones and Hero Glamour motorcycle from house of petitioner no.2 which are said to be stolen property. Allegation against these petitioners is of involving in robbery.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Their name came into

Patna High Court CR. MISC. No.339 of 2024(2) dt.12-01-2024 2/2 light on the disclosure of co-accused Md. Tanveer Seikh who was apprehended on spot. It is submitted that the seized mobile phones belong to petitioner no.2 but he has no concern with alleged recovery of stolen motorcycle. Nothing has been recovered from conscious possessions of the petitioners. It is further submitted that the petitioners are languishing in judicial custody since 12.8.2022.

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 period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bajpatti P.S. Case No. 138 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ADJ-IX, Sitamarhi.

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