Md. Junaid Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25156 of 2023 Arising Out of PS. Case No.-580 Year-2022 Thana- LAHERIYASARAI District- Darbhanga ====================================================== 1.
Md. Junaid Sah Son Of Late Faruk Sah @ Md. Faruk Sah Resident Of Village Maina Rahika Baraha Tola Mirchak, Ps- Manigachi Dist- Darbhanga 2.
Lailey Sah son of Ali Hassan Sah Village- Maina Rahika Ps- Manigachi Dist- Darbhanga 3.
Md. Kadir Sah son of Late Md. Sabbir Sah Village- Maina Rahika PsManigachi Dist- Darbhanga 4.
Md. Kalamuddin Sah @ Md. Kalamuddin Sah son of Late Siraj Sah VillageBajitpur Ps- Manigachi Dist- Darbhanga 5.
Md. Ibrahim Sah son of Jilani Village- Makrampur ps- Sakri DistDarbhanga 6.
Md. Afroz Sah son of Md. Makbul Sah Village- Makrampur Ps- Sakri DistDarbhanga 7.
Md. Imteyaj Ali Sah son of Md. Makbul Sah Village- Makrampur Ps- Sakri Dist- Darbhanga 8.
Md. Irshad Ali Sah son of Md. Makbul Sah Village- Makrampur Ps- Sakri Dist- Darbhanga 9.
Md. Akbar Sah son of Late Gayasuddin Sah @ Gayasuddin Sah VillageMakrampur Ps- Sakri Dist- Darbhanga 10.
Sher Ali Sah @ Saif Ali Sah son of Yusuf Sah Village- Kothiya Ps- Sakri Dist- Madhubani 11.
Md. Chhote @ Md. Chhotu Sah son of Gulam Mustafa @ Gulam Mustaka Village- Barsham Ps- Bheja Dist- Madhubani 12.
Md. Ekbal Sah @ Md. Akbal Sah son of Late Majeed Sah Village- Birsai PsSakari Dist- Madhubani 13.
Md. Bhikhari Sah son of Md. Akhtar Sah Village- Birsai Ps- Sadar DistMadhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ugranath Mallik, Adv.
For the State :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and
Patna High Court CR. MISC. No.25156 of 2023(2) dt.23-05-2023 2/3 learned APP for the State.
The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 457, 380 of the Indian Penal Code.
As per prosecution case, it is a case of theft of cash of Rs. 22,000/- along with jewellry worth of Rs. 1,50,000/- from the house of the informant.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of suspicion. Neither the petitioners are named in the FIR nor they have been put on TIP. There is no specific allegation of robbery attributed against the petitioners rather general and omnibus allegation attributed against the petitioners. It is further submitted that nothing looted articles have been recovered from the conscious possession of the petitioners. Moreover, the petitioners are languishing in judicial custody since 24.11.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.25156 of 2023(2) dt.23-05-2023 3/3 considering the facts and circumstances of the case as well as period of custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Laheriasarai P.S. Case No. 580 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga. (Sunil Kumar Panwar, J) Manish/lata/- U T