Md. Jubair Alam @ Shekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20567 of 2024 Arising Out of PS. Case No.-229 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Md. Jubair Alam @ Shekhar S/O- Salamudin Ansari @ Salamudin Raen R/OVillage- Pakadi Dumariya, P.S.- Dumariyaghat, Dist.- East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Mrs. Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dumariyaghat P.S. case No. 229 of 2023 instituted for the offences under Section 395 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that five unknown miscreants came on two motorcycles at the C.S.P. of the informant and looted Rs. 2,48,000/- and also took away D.V.R. of Camera.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name

Patna High Court CR. MISC. No.20567 of 2024(2) dt.01-04-2024 2/2 of the petitioner has transpired in course of investigation on the basis of his self confession made in connection with Pipra P.S. case No. 266 of 2023 and thereafter the petitioner has been remanded in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner is in custody since 25.09.2023 and has two criminal antecedents.

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Court below/concerned Court in connection with Dumariyaghat P.S. case No. 229 of 2023.

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