Md. Irsad @ Amit @ Chhotu @ Chhathu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25469 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Md. Irsad @ Amit @ Chhotu @ Chhathu Son Of Md. Nasir Resident Of Village - Mirzapur, P.S.- Kanti, District - Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420 of the IPC added Sections 395, 412 of the IPC. As per prosecution case, the allegation against accused person and some unknown miscreants is that they have snatched loaded poultry feed pickup van of the informant and fled away. It is further alleged that later on vehicle was recovered but poultry feed was missing Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner

Patna High Court CR. MISC. No.25469 of 2023(3) dt.24-07-2023 2/3 is named in the FIR nor he was put on TIP. It is further submitted that nothing looted article has been recovered from his conscious possession. Similarly situated coaccused has already been granted bail by this court vide order dated 05.05.2023 passed in Cr. Misc. No. 12657 of 2023 The petitioner is languishing in judicial custody since 29.09.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 395 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Ist Class, Muzaffarpur, West.

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

Patna High Court CR. MISC. No.25469 of 2023(3) dt.24-07-2023 3/3