Md. Shamsul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20523 of 2023 Arising Out of PS. Case No.-644 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Md. Shamsul Son Of Md. Abdul Jalil @ Jalil Miya R/O Fulkaha, Ward No.17, P.S.- Jadia, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Wasi Akhtar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 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 393, 397, 307 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, while the informant was returning home by motorcycle after withdrawing Rs. 3,35,000/- from the bank, in the meantime, three unknown miscreants intercepted and tried to snatch his money bag. It is further alleged that one of the accused persons also fired upon the informant which hit on his helmet.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.20523 of 2023(2) dt.04-04-2023 2/2 falsely been implicated in this case on the basis of suspicion. Neither the petitioner was arrested on spot nor any incriminating article was recovered from his conscious possession rather his name has been sprang up in the present case on the basis of confessional statement of co-accused Md. Tausif before the police which is inadmissible in eye of law. It is further submitted that the petitioner is languishing in judicial custody since 7.12.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K. Nagar P.S. Case No. 644 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

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