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Patna High CourtCR. MISC./11580/2023allowed

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

2023-07-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11580 of 2023 Arising Out of PS. Case No.-36 Year-2020 Thana- SIKTI District- Araria ====================================================== Md. Shafique @ Shafique @ Guddu Son of Md. Raquib @ Md. Rakib R/VBagesri @ Bageshwari, P.S- Jokihat, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Mr.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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code. As per FIR, the allegation against three unknown miscreants is that they have intercepted the informant and snatched a bag containing Rs. 55,054/-, Tab and other valuable papers from him.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to dirty village politics. The petitioner is not named in the F.I.R. and his name has been transpired in this case on the basis of self confessional statement. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.11580 of 2023(3) dt.07-07-2023 2/2 The petitioner has not put on T.I.P. Similarly situated other coaccused has already been granted bail by a co-ordinate Bench of this Court vide order dated 29.09.2021 passed in Cr. Misc. No.55368 of 2021. Moreover, the petitioner is languishing in judicial custody since 19.06.2020.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sikty (Bardaha) P.S. Case No.36 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Araria. (Sunil Kumar Panwar, J) lata/- U T