Tanvir Alam @ Tanni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19893 of 2024 Arising Out of PS. Case No.-1376 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Tanvir Alam @ Tanni, aged about 20 years, Male S/O- Ali Hasan @ Berga. R/O- Village- Masaurhi, Malikana, P.S.- Masaurhi, District- Patna. 2.

Sahil Mansuri, aged about 21 years, Male, S/O- Aslam Mansuri R/OVillage- Adampur, Piplama, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Phulwarisharif P.S. Case No. 1376 of 2022 instituted for the offences punishable under Section 395 of the Indian Penal Code.

3. As per the prosecution case, some unknown criminals have committed dacoity of Rs. 25,000/- cash, bank cheques and mobile phone from the medical shop of the informant.

Patna High Court CR. MISC. No.19893 of 2024(4) dt.21-06-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have falsely been implicated in this case only on the basis of suspicion based on confessional statement of the petitioners. It is further submitted that the FIR has been registered against unknown persons. Nothing incriminating article has been recovered from the conscious possession of the petitioners. He next submits that the name of the petitioners have been surfaced only on the basis of confessional statement of co-accused persons. Petitioners are in custody since 24.02.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-XXV, Patna dated 23.09.2023, it appears that petitioners have not named in the FIR. There is no cogent evidence against the petitioners except the confessional statement and suspicion. Similarly situated coaccused person namely Jivan Kumar @ Jeevan Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 37024 of 2024 vide order dated 23.05.2024, accordingly the prayer for bail of the petitioners are allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like

Patna High Court CR. MISC. No.19893 of 2024(4) dt.21-06-2024 3/3 amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XIV, Patna in connection with Phulwarisharif P.S. Case No. 1376 of 2022.

(Ramesh Chand Malviya, J) Anand Kr.

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