Babul Hussain @ Babul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25450 of 2023 Arising Out of PS. Case No.-49 Year-2021 Thana- JALALGARH District- Purnia ====================================================== BABUL HUSSAIN @ BABUL S/O EQUBAL HUSSAIN @ IQUBAL HUSSAIN @ MOHAMMAD EQUBAL R/O Village- Bochgaon, Kundaley , P.S- Jalalgarh, Distt.- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Choubey For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 of the Indian Penal Code.

As per FIR, informant was working as Relation Officer in Bandhan Bank. It is further alleged that two unknown miscreants dashed the informant's motorcycle due to which, he fell down and they snatched Rs. 34,500/- cash, collection register, tablet and mobile phone, motorcycle and other articles from the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.25450 of 2023(2) dt.01-05-2023 2/2 committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light, on the basis of confessional statement of other co-accused, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the possession of the petitioner. No T.I. Parade has been done. He submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 31.01.2022 passed in Cr. Misc. No. 39232 of 2021. He is languishing in judicial custody since 24.01.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnia, in connection with Jalalgarh P.S. Case No. 49 of 2021. (Sunil Kumar Panwar, J) arish/- U T