Patna High CourtCR. MISC./19711/2024bail granted

Tasir Alam v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19711 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Tasir Alam S/O Rojid Miyan R/O Village- Ajgari Masjid Tola, P.S- Banjariya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sugauli P.S. Case No. 53 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, four persons boarded on two motorcycles came at petrol pump and on the point of pistol, robbed Rs. 35,000/- and mobile phone from the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his named has surfaced in the case during investigation on the basis of the

Patna High Court CR. MISC. No.19711 of 2024(2) dt.18-03-2024 2/2 confessional statement of co-accused Guddu Sahani. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner and was not pun on Test Identification Parade. The petitioner has seven criminal antecedents out of which he is on bail in six of them as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 02.01.2024.

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

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Sugauli P.S. Case No. 53 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T