Md. Badal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21015 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MD. BADAL Son of Md. Israfil @ Hira Resident of village - Takichak, P.S.- Habibpur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Mojahidpur P.S. Case No. 302 of 2022, registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution case, under the project at Bhagalpur under National Mission for clean Ganga, after completing the daily work labourers were returning to base camp, 3-4 unknown miscreants came near the tractor armed with weapons and assaulted the workers and snatched four mobile phones of four named workers, cash of Rs. 2500/- along with other articles and damaged the tractor.

Patna High Court CR. MISC. No.21015 of 2023(2) dt.18-05-2023 2/3 Learned counsel for the petitioner submits that the name of the petitioner has been disclosed in the confessional statement of the co-accused Md. Dilkush @ Md Dilkash and except the said confessional statement, no material is available on record against the petitioner. There is no recovery from possession of the petitioner and no test identification parade of the petitioner had been held in the investigation. Charge-sheet has already been submitted against the petitioner and there is no chance of absconding of the petitioner or tampering with the evidence. Petitioner has one criminal antecedent in which he is on bail. Petitioner is in jail custody since 23.11.2022. Learned counsel for the petitioner further submits that co-accused Md. Dilkhush @ Md. Dilkash has been granted regular bail by a Coordinate Bench of this Court vide order dated 11.05.2023 in Criminal Miscellaneous No. 17091 of 2023. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur in connection with

Patna High Court CR. MISC. No.21015 of 2023(2) dt.18-05-2023 3/3 Mojahidpur P.S. Case No. 302 of 2022.

(Sunil Dutta Mishra, J) saurabhkr/- U T