Md. Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22784 of 2024 Arising Out of PS. Case No.-179 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== Md. Rabbani S/o Late Md. Ishrafil R/o vill - Rajkhand, P.S. - Tajpur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Baliagaon P.S. Case No. 179 of 2023 instituted for the offence under Sections 392 of the Indian Penal Code.

3.

As per prosecution case, the informant alleged that two unknown miscreants boarded on a motorcycle came and on pistol point snatched Rs. 3,00,000/- and key of his motorcycle and fled away.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.01.2024. The petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.22784 of 2024(2) dt.02-04-2024 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Neither the petitioner is named in the FIR nor he was apprehended on the spot. Charge-sheet has already been submitted in this case. It is further submitted that nothing incriminating article has been recovered from the possession of the petitioner and he has also not been put on Test Identification Parade.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and judicial custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8. 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 Baliagaon P.S. Case No. 179 of 2023. Subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such

Patna High Court CR. MISC. No.22784 of 2024(2) dt.02-04-2024 3/3 appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) manishkumar/- U T