Md. Amir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20645 of 2024 Arising Out of PS. Case No.-762 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Amir S/o Md. Ejaz R/o vill - Hussainpur, P.S. - Mujahidpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kotwali (Barari) P.S. Case No. 762 of 2023 instituted for the offence under Sections 356 & 379 of the Indian Penal Code. 3.

Prosecution case in a nutshell is that while informant was in the market, two miscreants came on motorcycle and snatched her gold chain weighing 15 grams. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-11-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.20645 of 2024(2) dt.20-03-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Md. Faiyaj @ Pitla, and the same has no evidentiary value. It is submitted that petitioner was not put on TI parade. Nothing has been recovered from the possession of the petitioner.

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, period of custody of the petitioner and manner of implication, 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 Kotwali (Barari) P.S. Case No. 762 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T