Md Irfan @ Irfan Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18831 of 2023 Arising Out of PS. Case No.-255 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Md Irfan @ Irfan Alam Son Of Md. Asad @ Azad Miyan @ Azad Hussain Resident Of Village - Parauli, P.S. - Basantpur, Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

As per FIR, informant alleged that while he was returning after cash collection in the meantime four unknown miscreants intercepted him and on pistol point looted cash of total 1,31,895/- and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner is not named in the FIR nor he was put on TIP. It is further

Patna High Court CR. MISC. No.18831 of 2023(2) dt.17-05-2023 2/2 submitted that no looted money has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vider order dated 02.09.2020 passed in Cr. Misc. No. 21716 of 2020. The petitioner is languishing in judicial custody since 14.01.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baikunthpur P.S. Case No. 255 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XIV, Gopalganj.

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