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Patna High CourtCR. MISC./28860/2024allowed

Tanjoor @ Md. Tanjoor @ Motioor @ Md. Tanjorr v. The State Of Bihar

2024-06-21Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28860 of 2024 Arising Out of PS. Case No.-409 Year-2021 Thana- BANKA District- Banka ====================================================== Tanjoor @ Md. Tanjoor @ Motioor @ Md. Tanjorr Son of Late Sobhan Resident of Village- Kharihara, Police Station- Barahat, District- Banka ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate.

For the Opposite Party/s :

Mr. Zainul Abedin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Banka P.S. Case No.409 of 2021, registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and under Section 3/4 of Explosive Substance Act.

3. As per the prosecution case, the informant along with one Vikash Shahi being staff of Mahadev Enclave Pvt. Ltd. at Shankarpura were issuing challans for the truck carrying sand and in the meantime, 5 to 6 miscreants wearing masks on their faces and having country-made pistols in their hands entered in the office of informant and exploded bomb at the door of office and took away Rs.10 Lacs kept in two boxes. It is also alleged that during the escape, the miscreants also fired from the pistol.

Patna High Court CR. MISC. No.28860 of 2024(3) dt.21-06-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has been falsely implicated in this case on the basis of confessional statement of the co-accused. He further submits that the petitioner has himself surrendered before the Court below and is in jail since 07.02.2024 and the charges have already been framed in this case. He also submits that no T.I.P. has been conducted. Learned counsel submits that petitioner has no criminal antecedent and his name surfaced in the confessional statement of co-accused Md. Kaushar, except the confessional statement there is no material against the petitioner. He further submits that petitioner is aged about 66 years old suffering from the heart disease. He also submits that similarly situated coaccused persons namely Md. Minhaz and Md. Sartaz have already been granted bail by this Court and Co-ordinate Bench of this Court vide orders dated 07.07.2023 and 19.07.2023 passed in Cr. Misc. No.34780 of 2023 and Cr. Misc. No.40386 of 2023.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the

Patna High Court CR. MISC. No.28860 of 2024(3) dt.21-06-2024 3/3 petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No.409 of 2021.

(Sunil Dutta Mishra, J) Ritik/- U T