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Patna High CourtCR. MISC./5107/2025bail granted

Md. Parvej v. The State Of Bihar

2025-02-19Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1203 of 2025 Arising Out of PS. Case No.-136 Year-2024 Thana- NIRMALI District- Supaul ====================================================== Md. Shahrukh khan Son of Haider Ali Resident of Village- Dharhara ward no 6, PS- Andhra Math, District- Madhubani at present resident of B -108, Jhuggies Saray, Pipal Thala, PO- N.S. Mandi, PS- Mahindra Park, District- North west , Delhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5107 of 2025 Arising Out of PS. Case No.-136 Year-2024 Thana- NIRMALI District- Supaul ====================================================== Md. Parvej S/o Md. Khurshid Alam R/o Village- Majhari, Ward No.4, P.S.- Nirmali, District- Supaul ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 1203 of 2025) For the Petitioner/s :

Mr. Md. Shah Nawaz Ali, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 5107 of 2025) For the Petitioner/s :

Mr. Md. Shah Nawaz Ali, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-02-2025 Heard learned Counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Nirmali P.S. Case No. 136 of 2024,

Patna High Court CR. MISC. No.1203 of 2025(2) dt.19-02-2025 2/3 registered for the offences punishable under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023.

3. As per allegation, the petitioners and other coaccused persons assaulted the informant and took his motorcycle forcibly.

4. Learned Counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. The stolen motorcycle was recovered on the basis of confessional statement of co-accused, Md. Majeed. Learned Counsel has also submitted that when the informant came to know about the innocence of the petitioners, he filed compromise application. The petitioner, namely, Md. Shahrukh Khan is under custody since 10.08.2024 and the petitioner, namely, Md. Parvej is under custody since 23.08.2024 and they are persons of clean antecedent.

5. On the other hand, learned APP for the State opposes the prayer for bail of the petitioners.

6. Considering the above-mentioned facts and circumstances, the petitioners, above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Supaul in connection with Nirmali P.S. Case No. 136 of 2024,

Patna High Court CR. MISC. No.1203 of 2025(2) dt.19-02-2025 3/3 subject to the following condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) Neha/- U T