Patna High CourtCR. MISC./11884/2024bail granted

Taimur @ Taimur Hussain v. The State Of Bihar

2024-03-01Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11884 of 2024 Arising Out of PS. Case No.-258 Year-2022 Thana- PRANPUR District- Katihar ====================================================== Taimur @ Taimur Hussain Son of Khursed Ali @ Khursheet Ali Resident of Village- Khopakati (Khopakhati), P.S. Harishchandrapur, District- Malda (West Bengal) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Pranpur P.S Case No. 258 of 2022 registered for the offences punishable under Sections 395, 397 of I.P.C and Section 3/4 of Explosive Substance Act,

3. As per prosecution case, the accused persons entered into the house of the informant and took away gold/silver ornaments and also cash of Rs. 30,000/-. They assaulted the informant on his head as also his wife and brother.

Patna High Court CR. MISC. No.11884 of 2024(2) dt.01-03-2024 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in the FIR. It is next submitted that in similarly situated condition one of the co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 19.07.2023 passed in Cr. Misc. No. 36297 of 2023.It is also submitted that petitioner is in judicial custody since 16.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned Judicial Magistrate 1st Class, Katihar, in connection with Pranpur P.S Case No. 258 of 2022, subject to following

Patna High Court CR. MISC. No.11884 of 2024(2) dt.01-03-2024 3/3 conditions:

(i) One of the bailor should be the family member of the petitioners who shall provide official document to show their bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itlself;

(Ramesh Chand Malviya, J) Mayank/- U T