Patna High CourtCR. MISC./13751/2024bail granted

Md. Haidar v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13751 of 2024 Arising Out of PS. Case No.-381 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== Md. Haidar S/O Md. Akbar R/O Village- Bhutta Chowk, Gopalpur, P.SKalyanpur, Distt.- Samastipur- 848101. ... ... 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 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kalyanpur P.S. case No. 381 of 2021 (GR No. 3054 of 2021) instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that four unknown motorcycle borne miscreants snatched the bag of the informant containing cash of Rs. 12,854/- and one mobile phone.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.13751 of 2024(2) dt.06-03-2024 2/3 has transpired in this case on the basis of confessional statement of the co-accused Monu Kumar and Manish Kumar. Nothing has been recovered from the possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31.03.2023 and has eight criminal antecedents.

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 as also the period of custody undergone by the petitioner, 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 below/concerned Court in connection with Kalyanpur P.S. case No. 381 of 2021 (GR No. 3054 of 2021), 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

Patna High Court CR. MISC. No.13751 of 2024(2) dt.06-03-2024 3/3 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) Alok Verma/- U T