Md. Sonu @ Kasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11893 of 2021 Arising Out of PS. Case No.-309 Year-2020 Thana- BIHARSHARIF District- Nalanda ====================================================== Md. Sonu @ Kasim S/o Late Md. Haseem R/o Mohalla- Thavai, P.S.- Bihar, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 457, 380 and 411 of the Indian Penal Code.
As per allegation in the FIR, on the wife of the informant waking up late in the night, it is stated that an accused escaped having stolen various articles as mentioned in the FIR. It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Learned Court below while rejecting the application for bail dealt with the material that has transpired in course of investigation. It is submitted that the only material that has transpired is the confessional statement of a co-accused as also that of the
Patna High Court CR. MISC. No.11893 of 2021(2) dt.30-07-2021 2/2 petitioner made before police. No incriminating material has been recovered from his possession. He is in custody 17.7.2020 and has been falsely implicated in the case because of his antecedents.
It is submitted by learned counsel for the State that the petitioner is accused in as many as 18 cases from before. Having heard learned counsel for the parties and taking into consideration the contents of the order of the learned Court below and investigation in the case having concluded without putting the petitioner on T.I. Parade inspite of his being in custody for more than 11 months, the petitioner is directed to be enlarged on bail in connection with Biharsharif P.S. Case no. 309 of 2020 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Biharsharif, Nalanda. (Partha Sarthy, J) Bibhash U