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Patna High CourtCR. MISC./8761/2023allowed

Md. Zafar Iqbal @ Md. Zafar Ekbal v. The State Of Bihar

2023-06-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8761 of 2023 Arising Out of PS. Case No.-159 Year-2021 Thana- GAIGHAT District- Muzaffarpur ====================================================== Md. Zafar Iqbal @ Md. Zafar Ekbal Son Of Late Md. Amiruddin Resident Of Village- Ansar Colony Koluha Paigamberpur, P.S.- Ahiyapur In The District Of Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 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 379, 420 of the Indian Penal Code.

As per allegation in the FIR, the informant alleged that he has an account in Punjab National Bank and from which, Rs. 11,85,000/- has been fraudulently withdrawn by unknown miscreants.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner is not named in the FIR nor anything has been recovered from his conscious possession. Similarly

Patna High Court CR. MISC. No.8761 of 2023(3) dt.22-06-2023 2/2 situated co-accused has already been granted bail by this Court vide order dated 19.06.2023 passed in Cr. Misc. No. 75068 of 2022. It is further submitted that not any substantial evidence has come against the petitioner except the confessional statement of co-accused. The petitioner is languishing in judicial custody since 05.04.2022. 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 Gaighat P.S. Case No. 159 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur. (Sunil Kumar Panwar, J) manishkumar/- U T