Patna High CourtCR. MISC./10061/2023allowed

Md. Imteyaz @ Raja @ Md. Imtiyaz @ Raza v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10061 of 2023 Arising Out of PS. Case No.-1146 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Imteyaz @ Raja @ Md. Imtiyaz @ Raza Son Of Md. Mumtaz R/O Federal Colony, P.S.- Phulwari Sharif, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392, 411, 414, 120B of the IPC and Section 25(1-b)a/26/35 of the Arms Act.

The prosecution case relates to recovery of one live cartridge and one motorcycle which were recovered from the possession of the co-accused persons. It is further alleged that upon confessional statement of co-accused name of the petitioner came into light after that this case has been lodged.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.10061 of 2023(2) dt.03-05-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner has no concern with the alleged recovery nor from the co-accused persons. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 20.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulwarisharif P.S. Case No. 1146 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XIV, Patna.

(Sunil Kumar Panwar, J) Manish/- U T

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