Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14450 of 2023 Arising Out of PS. Case No.-301 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Arif S/O Ataur Rahman @ Mantu @ Mohammad Mintu Resident Of VillagePipla Chowk, P.S.- Kishanganj, District- Kishanganj. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 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 Sections 395, 412 of the Indian Penal Code.

Allegation against the petitioner and others is that they entered the office of the informant and after showing the fear of weapon they looted away Rs. 1,30,968/- and cell phones.

Patna High Court CR. MISC. No.14450 of 2023(2) dt.27-04-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The name of petitioner sprang up in this case on the confessional statement of co-accused Nursad @ Don. Nothing incriminating has been recovered from the conscious possession of the petitioner. He has not been put on T.I.P. Moreover, the petitioner is languishing in judicial custody since 19.01.2022. Similarly situated co-accused persons have been granted bail vide order dated 13.06.2022 and 29.09.2022, passed in Cr. Misc. No. 10377 of 2022 and 6908 of 2022 respectively by the co-ordinate Bench of this Court.

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.

Patna High Court CR. MISC. No.14450 of 2023(2) dt.27-04-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Kochadhaman P.S. Case No. 301 of 2021 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 Additional District & Sessions Judge III, Kishanganj.

(Sunil Kumar Panwar, J) Nirajkrs/- U T