Md. Aman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25436 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Md. Aman Son of Md. Massu Resident of Village- Rahimpur Radauli, Ward No 4, P.S. Muffasil, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant, Advocate For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dalsinghsarai P.S. case No. 278 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that two unknown miscreants snatched the bag of the informant containing laptop, two lakh cash, keys etc. on gun-point.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired during investigation on the basis of confessional statement of one Golu Paswan. No incriminating article has

Patna High Court CR. MISC. No.25436 of 2024(3) dt.03-04-2024 2/2 been recovered from the possession or from the house of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. The co-accused person has already been granted bail by this Court vide order dated 26.02.2024 passed in Cr. Misc. No. 11616 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.07.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dalsinghsarai P.S. case No. 278 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T