Sarik Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12004 of 2024 Arising Out of PS. Case No.-99 Year-2021 Thana- BALRAMPUR District- Katihar ====================================================== Sarik Raza Son of Shamshul @ Md. Shamsul Haque Resident of VillagePurana Tola, Sikaliya (Puratan Simulia), P.S. Dalkhola, District- Uttar Dinajpur (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bimal Kumar, Advocate For the State :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Balrampur (Telta) P.S. Case No. 99 of 2021 instituted for the offence under Sections 395 & 397 of the Indian Penal Code. 3.

As per prosecution case, 12-13 unknown miscreants are said to have thrown bomb in the courtyard of the informant with an intention to commit loot. It is alleged that the accused persons have looted away gold and silver ornaments, cash of Rs. 8,000/- and mobile phones of the informant and his family members.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.12004 of 2024(2) dt.27-02-2024 2/3 that the petitioner is in custody since 05-12-2023. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has surfaced in this case due to confessional statement of co-accused, namely, Md. Mustakim, who has been granted bail by a Co-ordinate Bench of this Court vide order dated 14-06-2022 passed in Cr. Misc. No. 10867 of 2022. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 13-06-2022, passed in Cr. Misc. No. 11616 of 2022. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Balrampur

Patna High Court CR. MISC. No.12004 of 2024(2) dt.27-02-2024 3/3 (Telta) P.S. Case No. 99 of 2021.

(Rudra Prakash Mishra, J) Raj Kishore/- U T