Allowed

Md. Murtuza v. the State of Bihar

Patna HC6 Apr 2023CR. MISC./73696/2022

Case brief

AI extract

What is this about?

In a bail application under Section 379 IPC for theft, the Patna High Court granted regular bail to the petitioner upon furnishing a bond of Rs. 20,000 with two sureties, noting his clean antecedents and the recovery of evidence from his father's house.

What did the court decide?

Petitioner to be enlarged on bail on furnishing bail-bond of Rs. 20,000 with two sureties of like amount each to the satisfaction of the learned court concerned.

Md. Murtuza Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73696 of 2022

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Arising Out of PS. Case No.-262 Year-2022 Thana- BHAWANIPUR District- Purnia

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======================================================

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MD. MURTUZA Son of Md. Harun R/v- Roushanganj Ward No. 1, P.S.Bhawanipur, District- Purnea

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... ... Petitioner/s

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Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Anand, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 06-04-2023

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Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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The petitioner has preferred this application for grant of regular bail in connection with Bhawanipur P.S. Case No. 262 of 2022 dated 18.10.2022 registered for the offences punishable u/s 379 of the Indian Penal Code.

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As per the prosecution case, it is a case of theft of the motorcycle of the informant.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up during the course of the investigation.

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Patna High Court CR. MISC. No.73696 of 2022(2) dt.06-04-2023 2/2

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The said motorcycle was recovered from the house of the coaccused Md. Harun who is said to be the father of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 24.03.2023 passed in Cr. Misc. No. 72 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.10.2022.

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Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Purnea in connection with Bhawanipur P.S. Case No. 262 of 2022.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Md. Murtuza v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Murtuza v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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