Md. Shafique @ Shafique @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11768 of 2023 Arising Out of PS. Case No.-58 Year-2020 Thana- SIKTI District- Araria ====================================================== Md. Shafique @ Shafique @ Guddu S/O Md. Raquib @ Md. Rakib R/VBagesri @ Bageshwari, P.S.- Jokihat, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 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 392 of the Indian Penal Code.

Prosecution case in short, is that, when the informant along with his colleague was going somewhere with his bike after withdrawing Rs. 3 lakhs from the bank, in the meantime, some unknown miscreants came on bike, dashed the informant's bike and snatched the above said amount from the informant and ran away from the place of

Patna High Court CR. MISC. No.11768 of 2023(3) dt.07-07-2023 2/3 occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other coaccused person before the police. It is further submitted that neither anything looted article has been recovered from the conscious possession of the petitioner nor he has been put on TIP. It is also submitted that similarly situated other coaccused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 28.02.2022. in Cr. Misc. No. 34455 of 2021. Moreover, the petitioner is languishing in judicial custody since 11.06.2020. 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 Sikty (Bardaha) P.S. Case No. 58 of 2020 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.11768 of 2023(3) dt.07-07-2023 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Concerned Court, Araria. (Sunil Kumar Panwar, J) Amandeep/- U T