Md. Akbar @ Akbar @ Juganoo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8306 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== Md. Akbar @ Akbar @ Juganoo Son of Md. Ejaj R/O-Rahua, P.S.-Rosera, Distt.-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Kumar No 13, Adv.
Mr. Rohit Kumar, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Khanpur P.S. Case No. 231 of 2023 (G.R. No. 2940 of 2023) instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, three unknown miscreants entered into the house of the Informant and on the point of pistol, took away Rs. 3.5 lacs from his mother.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has surfaced in this case on the basis of confessional
Patna High Court CR. MISC. No.8306 of 2024(2) dt.19-02-2024 2/3 statement of the co-accused Md. Intesar Ahmad. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner or his house. The petitioner was no put on T.I. Parade. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner is languishing in judicial custody since 07.09.2023.
5. Learned counsel for the petitioner again submits that the co-accuseds Md. Azaz, Md. Intesar Ahmad and Md. Nasir have been granted bail by a Co-ordinate Bench of this Court vide orders dated 02.02.2024, 22.01.2024 and 06.02.2024 passed in Cr. Misc. Nos. 4815 of 2024, 84835 of 2023 and 3875 of 2024 respectively.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the period of custody of the petitioner as also the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.8306 of 2024(2) dt.19-02-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Khanpur P.S. Case No. 231 of 2023 (G.R. No. 2940 of 2023).
(Rudra Prakash Mishra, J) rishi/- U T