Patna High CourtCR. MISC./23707/2023allowed

Md. Isthiyak v. The State Of Bihar

2023-08-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23707 of 2023 Arising Out of PS. Case No.-580 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== MD. ISTHIYAK Son of Md. Laik R/V- Aina Mahal, Sani Mandir Gulabbagh, PS- Sadar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. As per prosecution case, some miscreants are said to have surrounded the informant and snatched cash of Rs. 33,000/- and motorcycle from him. Thereafter, they fled away from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case due to his criminal antecedents. The said motorcycle has been recovered at the isntannce of oc-accused

Patna High Court CR. MISC. No.23707 of 2023(4) dt.24-08-2023 2/2 Heeralal Chaudhary. Neither the petitioner was put on TI Parade no any incriminating material has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 15.11.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sadar P.S. Case No. 580 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea.

(Sunil Kumar Panwar, J) Amandeep/- U T