Md. Zaffar Ekbal @ Md. Zafar Iqubal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4590 of 2023 Arising Out of PS. Case No.-456 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Md. Zaffar Ekbal @ Md. Zafar Iqubal S/O Late Md. Amiruddin Resident of Village- Ansar Colony Kolhua, Paigmberpur, P.S.- Ahiyapur in the district of Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 420, 379 of the Indian Penal Code. As per prosecution case, the informant alleged that on 29.07.2021 Rs.5,40,000/- was withdrawn from his account no. 0829000102111883 of Punjab National Bank, Runnisaidpur Branch by some unknown person without the information and permission of the informant.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. He is not named in the F.I.R. and his name has been transpired during investigation on the basis of his self confessional statement which was recorded in
Patna High Court CR. MISC. No.4590 of 2023(7) dt.29-08-2023 2/2 Muzaffarpur Town P.S. Case No. 487 of 2021. Nothing has been recovered from the conscious possession of the petitioner. During course of investigation, save and except his confessional statement no consistent evidence and documentary evidence has come against him which shows his involvement in the alleged occurrence. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 03.07.2023 passed in Cr. Misc. No. 71035 of 2022. It is also submitted that petitioner is languishing in judicial custody since 09.06.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Runnisaidpur P.S. Case No. 456 of 2021 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 Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) lata/- U T