Md. Sufyan @ Md. Sufiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6517 of 2024 Arising Out of PS. Case No.-152 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== Md. Sufyan @ Md. Sufiyan S/O Md Ayub@ Md Ayub Alam Village- Ujani, Ps. Naugachia, Dist. Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Parbatta P.S. case No. 152 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution allegation, in short, is that three unknown miscreants alongwith one suspected person, namely Sushil assaulted the informant and looted toto vehicle, mobile phone and money from him.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on suspicion. Petitioner is not named in the FIR. The name of the petitioner came into light during investigation on the basis of confessional statement of the co-accused Parveen Sharma which was recorded in Ismailpur P.S. Case No. 97 of

Patna High Court CR. MISC. No.6517 of 2024(2) dt.16-02-2024 2/2 2023. Nothing incriminating has been recovered from the possession of the petitioner. Learned counsel further submitted that no TIP has been conducted till date. Except the confessional statement of the co-accused, no other material has come up against this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.11.2023 and has two criminal antecedents but the petitioner is on bail in both the cases.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parbatta P.S. case No. 152 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T