Allowed¶19

Khalilur Rahman @ Khalilur Rahman Khan v. The State of Bihar

Bail – Regular bail – Offence under S.379 IPC

Patna HC13 Nov 2024CR. MISC./54698/2024

Download

Case brief

AI extract

What is this about?

Patna High Court, Crl. Misc. No.54698 of 2024, decided 13-11-2024 by Rudra Prakash Mishra, J. Regular bail granted in vehicle-theft case (S.379 IPC, Bettiah Town P.S. Case No. 881/2023; Scorpio vehicle stolen 29-11-2023). Key terms: bail; theft; Section 379 IPC; Section 100 Cr.P.C. compliance; not named in FIR; self-confessional statement; Patherwa P.S. Case No. 324/2023; recovery verification; five criminal antecedents; custody since 06-02-2024; bail bond Rs. 10,000 with two like sureties.

What did the court decide?

Bail granted: petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the court below/concerned court in connection with Bettiah Town P.S. Case No. 881 of 2023. ¶19

Khalilur Rahman @ Khalilur Rahman Khan Vs The State of Bihar — Patna HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54698 of 2024

¶2

Arising Out of PS. Case No.-881 Year-2023 Thana- BETTIAH CITY District- West

¶3

Champaran

¶4

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

¶5

Khalilur Rahman @ Khalilur Rahman Khan Son of Late Abu Bakar Siddiki @ Abu Bakar Siddiki Khan R/o Village - Kokila Maulvi Para, P.S.Abhayapuri, District - Bangaigaon (Assam).

¶6

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adesh Raj Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

¶7

ORAL ORDER

¶8

3 13-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

¶9

2. The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 881 of 2023 instituted for the offence under Section 379 of the Indian Penal Code.

¶10

3. Prosecution case in a nutshell is that Scorpio vehicle of the informant was stolen by unknown miscreants while it was parked on 29-11-2023 in front of his door.

¶11

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06-02-2024. Petitioner

¶12

Patna High Court CR. MISC. No.54698 of 2024(3) dt.13-11-2024 2/3

¶13

bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

¶14

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has surfaced in this case on the basis of his self-confessional statement taken in connection with Patherwa P.S. Case No. 324 of 2023. Nothing incriminating has been recovered from the possession of the petitioner. There is no compliance of Section 100 of the Cr.P.C.

¶15

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph Nos. 3, 4 & 5 of the case diary, it is submitted that witnesses have supported the prosecution case. Paragraph No. 29 of the case diary is verification of the recovered vehicle from Patherwa.

¶16

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner’s implication, this Court is inclined to grant bail to the petitioner.

¶17

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

¶18

Patna High Court CR. MISC. No.54698 of 2024(3) dt.13-11-2024 3/3

¶19

two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bettiah Town P.S. Case No. 881 of 2023.

¶20

(Rudra Prakash Mishra, J)

¶21

Raj Kishore/- U T

Khalilur Rahman @ Khalilur Rahman Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Khalilur Rahman @ Khalilur Rahman Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Jitan Kumar @ Jitendra Kumar Vs The State of Bihar

Vinesh Kumar Ram @Binesh Kumar Ram @Deepu @Dipu Vs The State of Bihar

Rajesh Prasad Vs The State of Bihar

Bidhayak Jee @ Bachan Jee @ Dowarika Yadav @ Dwarika Yadav Vs The State Of Bihar

Anuj Kumar Vs The State of Bihar

Vikash Rathor @ Vikas Lathor @ Vikash Singh Rathor Vs the State of Bihar