Patna High CourtCR. MISC./10764/2024bail granted

Shakil Ahmad @ Tinka v. The State Of Bihar

2024-02-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10764 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- PRANPUR District- Katihar ====================================================== Shakil Ahmad @ Tinka, aged about 25 years, Male Son of Irfan Ansari, Resident of village-Bastaul, P.O.-Bastaul, P.S.-Pranpur, District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pranpur PS Case No. 202 of 2023 instituted for the offences punishable under Section 394 of the Indian Penal Code and Section 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. As per the prosecution case, three persons came on motorcycle and stopped the informant and snatched informant's mobile, bank receipt and diary on the point of gun and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. It has also been submitted

Patna High Court CR. MISC. No.10764 of 2024(2) dt.22-02-2024 2/2 that the allegations are totally false and fabricated as there is no specific allegation against the petitioner.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR, seizure list and impugned order of the learned Additional Sessions Judge-IV, Katihar dated 20.12.2023, it appears that petitioner is not named in the FIR and there is no any recovery from the conscious possession of the petitioner. Petitioner is in custody since 15.10.2023, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Pranpur PS Case No. 202 of 2023.

7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order.

(Ramesh Chand Malviya, J) Anand Kr.

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