Md. Osama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23688 of 2020 Arising Out of PS. Case No.-684 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MD. OSAMA, Son of Md. Sakil, Resident of Village - Dharmpur, P.S.- Sadan, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 395, 397 of the Indian Penal Code.

Prosecution case in brief is that the informant who is Branch Manager of I.C.I.C.I. Bank, Gobarsahi namely Rajesh Kumar has submitted his written statement before the S.H.O., Sadar P.S. alleging there in that on 05.10.2019 at about 11.42 am, some miscreants entered into the bank. It is further alleged that on the strength of pistol they looted away cash of Rupees Eight Lakhs Five Thousand One Hundred that miscreants also took away gun of bodyguard of the bank.

Patna High Court CR. MISC. No.23688 of 2020(4) dt.09-11-2020 2/2 Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in this case. The petitioner is not named in FIR and nothing incriminating materials has been recovered from the conscious possession of the petitioner. The petitioner has been implicated in this case on the basis of confessional statement of co-accused Rahul Kumar. The co-accused have been granted bail by the Coordinate Benches of this Court vide order dated 03.03.2020 passed in Cr. Misc. No. 14544/2020 and order dated 15.06.2020 passed in Cr. Misc. No. 15626.

Learned APP for the State opposes the prayer for bail petition.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of the charge on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur, in connection with Muzaffarpur Sadar P.S. Case No. 684 of 2019.

(Anjani Kumar Sharan, J) amitkumar/- U T