Md Sakim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14073 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== MD SAKIM S/O Md. Sarif R/O Village- Kaparpura, P.S- Kanti, DistrictMuzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan For the Opposite Party/s :
Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code and later on added Sections 395 and 412 of the IPC. As per prosecution case, the informant arrived at Sudha Diary Sadatpur P.S. Kanti, District- Muzaffarpur, in the meantime 3-4 unknown miscreants surrounded the informant. All the miscreants abused and assaulted the informant and pushed away from the Pick-up Van and went away with the Van. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of
Patna High Court CR. MISC. No.14073 of 2023(2) dt.05-05-2023 2/2 confessional statement of co-accused Rahul Kumar, which has got no evidentiary value in the eyes of law. No incriminating article/stolen article has recovered from the possession of the petitioner. There is no specific allegation against the petitioner. He is languishing in judicial custody since 02.09.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.- 1st Class, Muzaffarpur in connection with Kanti P.S. Case No. 564 of 2022.
(Sunil Kumar Panwar, J) arish/- U T