Md. Mahfuz Khan @ Md. Mahfuj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17224 of 2023 Arising Out of PS. Case No.-523 Year-2022 Thana- BARUN District- Aurangabad ====================================================== MD. MAHFUZ KHAN @ MD. MAHFUJ S/O MD. NASIB KHAN @ MD. NASHIBH KHAN @ MD. NASIF KHAN Resident of Village- Sheikh Bigha, P.S.- Barun, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tabish Sharfuddin For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 section 395 of the Indian Penal Code.

As per allegation in the FIR, while the informant was driver his paddy loaded truck, some miscreants overtook his truck and on gun point snatched Rs. 6,000/- from his possession and assaulted him and his helper.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. Nothing has been

Patna High Court CR. MISC. No.17224 of 2023(2) dt.12-05-2023 2/2 recovered from his conscious possession. On confessional statement of Shyam Lak, name of the petitioner has sprang up in the present case. Petitioner is languishing in judicial custody since 11.12.2022.

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 CJM, Aurangabad in connection with Barun P.S. Case No. 523 of 2022.

(Sunil Kumar Panwar, J) sushma/- U