Md. Mohib Akhtar @ Moulvi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15800 of 2021 Arising Out of PS. Case No.-37 Year-2018 Thana- PALASI District- Araria ====================================================== MD. MOHIB AKHTAR @ MOULVI S/o Md. Farid Resident of VillageSihrol, P.S.- Balia Belon, District- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-09-2021 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 section 395 of the Indian Penal Code.

As per the prosecution case 10-12 accused persons broke open the lock of the door, entered into the house of the informant and looted various articles including gold and silver ornaments, cash to the tune of Rs.4 lacs and other articles on the point of pistol. They also damaged the CCTV footage. It is submitted by learned counsel for the petitioner that the FIR was registered against 10-12 unknown. The name of the petitioner transpired in course of investigation in the statement of co-accused Ashok Kumar. No incriminating article

Patna High Court CR. MISC. No.15800 of 2021(3) dt.13-09-2021 2/2 has been recovered from his possession. Nor has he been put on TI Parade. His case stands on a similar footing to that of other co-accused who has been enlarged on bail vide orders which are Annexure-2 series to the petition. The petitioner is in custody since 19.9.2020 and charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to the other similarly situated co-accused and the period in custody, the Court directs the petitioner to be enlarged on bail in connection with Palasi P.S. Case 37 of 2018 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 Additional Chief Judicial Magistrate 1st, Araria. (Partha Sarthy, J) Prakash/- U