Zikurullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33347 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== 1.

Zikurullah Son of Navizan Miya Resident Of Village- Chailaha, PsBanjariya, Dist- East Champaran 2.

Guddu Sahani Son of Late Birendra Sahani Resident Of Village- Siswa Tola Ajagari Ps- Banjariya, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Mishra, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seeks bail in connection with Sugauli P.S. Case No. 53 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution case, in short, is that four persons boarded on two motorcycles came at the petrol pump and on the point of pistol, robbed Rs. 35,000/- and mobile phone from the informant.

Patna High Court CR. MISC. No.33347 of 2024(4) dt.20-07-2024 2/3

4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the present case. Petitioners are not named in the F.I.R. The names of the petitioners transpired in this case merely on the basis of confessional statement of the co-accused. No incriminating/looted article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern the looted articles and cash. The co-accused person has already been granted bail by this Bench vide order dated 18.03.2024 passed in Cr. Misc. No. 19711 of 2024. It has been submitted on behalf of the petitioners that the petitioners are in custody since 02.01.2024 and have six criminal antecedents.

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

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

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.33347 of 2024(4) dt.20-07-2024 3/3 below/concerned Court in connection with Sugauli P.S. Case No. 53 of 2023.

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