Manjur Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11150 of 2023 Arising Out of PS. Case No.-225 Year-2021 Thana- RAGHUNATHPUR District- Siwan ====================================================== Manjur Alam S/O Daroga Miya Resident Of Village- Pewali P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Singh For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-04-2023 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 section 395 of the Indian Penal Code.
As per prosecution case, informant alleged that on 10.12.2021, when the informant along with some customers was in his shop, 7-8 unknown miscreants entered his shop and on pistol point looted ornament worth Rs. 65 lakhs. 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 confessional statement of co-accused, namely, Saddam Nut which does not evidentiary value in the eye of law. Neither
Patna High Court CR. MISC. No.11150 of 2023(2) dt.21-04-2023 2/2 petitioner is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 02.02.2023 passed in Cr. Misc. No. 36646 of 2022. The petitioner is languishing in judicial custody since 12.12.2022. 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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raghunathpur P.S. Case No. 225 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 Additional Chief Judicial Magistrate-VIII, Siwan. (Sunil Kumar Panwar, J) Manish/- U T