Patna High CourtCR. MISC./25746/2024bail granted

Md. Idrish @ Md. Edrish v. The State Of Bihar

2024-04-05Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25746 of 2024 Arising Out of PS. Case No.-1205 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Md. Idrish @ Md. Edrish Son of Yakub Resident of Village- Shankarpur, P.S.- Aurahi, Dist.- Muzaffarpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Khagaria P.S. Case No. 1205 of 2023 instituted for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

3. As per prosecution case, some unknown miscreants have committed theft of 100 hand-sets and Rs. 29,000/- from the informant's shop.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light on the basis of confessional statement of co-accused

Patna High Court CR. MISC. No.25746 of 2024(2) dt.05-04-2024 2/2 Lal Babu Mahto, which has got no evidentiary value in the eyes of law. No incriminating article has been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Charge-sheet has been submitted in this case. The petitioner is in custody since 07.12.2023 and has no criminal antecedent.

5. Learned APP 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 as well as 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 Khagaria P.S. Case No. 1205 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T