Md. Tinku @ Md. Shamsher @ Bhaijan @ Md. Samsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20331 of 2024 Arising Out of PS. Case No.-670 Year-2023 Thana- GARDANIBAG District- Patna ====================================================== Md. Tinku @ Md. Shamsher @ Bhaijan @ Md. Samsher Son Of Iddu R/OMangal Talab, Chiktoli, P.S.-CHOWK, Distt.-Patna. At Present- Banwari Tola, P.S.-Khajekalan, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Gardanibagh P.S. Case No. 670 of 2023, instituted for the offences punishable under Section 395 of the Indian Penal Code and Section, on the basis of written report of informant in which Charge-sheet was submitted for offences punishable under Sections 395, 414 of the Indian Penal Code, Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that, five miscreants armed with deadly weapons entered the house of the

Patna High Court CR. MISC. No.20331 of 2024(2) dt.19-03-2024 2/3 informant and looted gold ornaments along with Rs. 12,000/-

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is recovery of one pistol containing two live cartridges and ornaments along with other articles from the room of the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that no Test Identification Parade has been conducted. Chargesheet has been submitted in the present case. The petitioner is in judicial custody since 28.09.2023 and has got no criminal antecedent as has been stated in paragraph no. 3 of the present bail application.

5. Learned APP 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 taking into account 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, after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.20331 of 2024(2) dt.19-03-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Gardanibagh P.S. Case No. 670 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- Alok/- U T