Shahnwaz Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28221 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- AGRER District- Rohtas ====================================================== SHAHNWAZ SHAH SON OF SHABEER SHAH @ SHABEER SAH RESIDENT OF VILLAGE - BARADIH TOLA OR BARADIH, P.S. - AGRER, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Agrer P.S. case No. 99 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that three miscreants intercepted the motorcycle of the informant and on gun point looted his mobile phone and motorcycle. On alarm, the villagers disclosed the name of the co-accused Shahid Khan.

Patna High Court CR. MISC. No.28221 of 2024(2) dt.18-04-2024 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case merely on suspicion. The petitioner is not named in the FIR. Police, during course of investigation arrested the petitioner on suspicion and the stolen motorcycle was recovered from this petitioner. He further submitted that the alleged recovery was made from the house of the petitioner in the presence of police party itself and the petitioner was made accused in this case on the basis of self confession before the police, which has no evidentiary value in the eye of the law. Learned counsel further submitted that T.I.P. has not been conducted till date. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.12.2023 and has no criminal antecedent.

5. Learned A.P.P. 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 also 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

Patna High Court CR. MISC. No.28221 of 2024(2) dt.18-04-2024 3/3 below/concerned Court in connection with Agrer P.S. case No. 99 of 2023.

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