Patna High CourtCR. MISC./14102/2024bail granted

Md. Haidar v. The State Of Bihar

2024-03-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14102 of 2024 Arising Out of PS. Case No.-249 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Md. Haidar S/o Md. Akbar R/o vill - Bhutta chowk, Gopalpur, P.s. - Kalyanpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kalyanpur P.S. case No. 249 of 2022, G.R. No. 2218 of 2022 instituted for the offences under Sections 394 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that while the informant was going to CSP of the bank with Rs. 1.75 lakhs cash, unknown accused persons, variously armed, stopped the motorcycle of the informant and looted Rs. 1.75 lakhs cash and other documents on gun point. The accused persons also fired at the informant due to which he sustained injury.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14102 of 2024(2) dt.13-03-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused namely Sankal Kumar @ Rakesh Kumar @ Lalwa. There is no recovery of any incriminating articles from the possession of the petitioner. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence. The petitioner is in custody since 28.04.2023 and has nine criminal antecedents. Learned counsel further submits that in all the cases, the petitioner was not named in the F.I.R. and his name has transpired on the basis of confessional statement of co-accused. Charge in this case has already been framed.

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

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the fact that charge has already been framed, this Court is inclined to grant bail to the petitioner.

7. 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

Patna High Court CR. MISC. No.14102 of 2024(2) dt.13-03-2024 3/3 below/concerned Court in connection with Kalyanpur P.S. case No. 249 of 2022, G.R. No. 2218 of 2022 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T