Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25057 of 2023 Arising Out of PS. Case No.-39 Year-2023 Thana- NARPATGANJ District- Araria ====================================================== MD. NAUSHAD Son of Late Md. Ahsanul @ Md. Ehsan Resident of VillageIndarpur, Ward No.-12, Post-Lalpur, P.S.-Chhatapur, District-Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr.Mrityunjaya Kr.Gautam For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, the informant work in Bandhan Bank in field as a collection agent. Thereafter, it is alleged that four accused persons came on motorcycle and on the point of pistol assaulted the informant and snatched Rs. 1, 17, 470/- from his pocket, mobile and fled away. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name

Patna High Court CR. MISC. No.25057 of 2023(3) dt.04-07-2023 2/3 of the petitioner has come into light, only on the basis of suspicion. From the perusal of the para-17 and 18 of the case diary, it appears that spy has given the mobile number of the petitioner and further stated that on the date of occurrence, four accused persons were moving along with petitioner and coaccused. It is further appears that on information of spy, when the police went in search of petitioner in Fatehpur-Chhatapur road, then two persons riding on red colour Apache motorcycle, after seeing the police party tried to fled away, but they were apprehended and disclosed their name as petitioner and other co-accused. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody since 22.01.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.25057 of 2023(3) dt.04-07-2023 3/3 satisfaction of the learned C.J.M., Araria in connection with Narpatganj P.S. Case No. 39 of 2023.

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