Md. Farhan @ Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16860 of 2024 Arising Out of PS. Case No.-202 Year-2023 Thana- JADIA District- Supaul ====================================================== Md. Farhan @ Chunnu Son Of Md. Suleman Resident Of Village- Bishanpur Bazar, Ward No. 04, Ps- Kumarkhand, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Majid Mahboob Khan, Advocate For the State :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Jadiya P.S. Case No. 202 of 2023 instituted for the offence under Section 392 of the Indian Penal Code.

3.

Prosecution case in short is that informant was accosted with four unknown miscreants who came on Scorpio, whereafter they assaulted him and snatched his driving licence, Aadhaar Card, Rs. 800/- and they made the informant to sit in the Scorpio having closed his eyes by cloth and after wandering for an hour they dropped him.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-09-2023. Petitioner

Patna High Court CR. MISC. No.16860 of 2024(2) dt.13-03-2024 2/3 bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Md. Sakib Anwar, and the same has no evidentiary value. Nothing has been recovered from the possession of the petitioner. No T.I. parade has been conducted in this case. Other co-accused has been granted bail by this Court, vide order dated 05-03-2024, passed in Cr. Misc. No. 13585 of 2024. It is lastly submitted that charge sheet has already been submitted in the instant case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of implication, charge sheet being submitted and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

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

Patna High Court CR. MISC. No.16860 of 2024(2) dt.13-03-2024 3/3 Court below/concerned Court in connection with Jadiya P.S. Case No. 202 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T