Jahir Imam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28193 of 2022 Arising Out of PS. Case No.-175 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== JAHIR IMAM, S/o Shekh Bhikhari, R/V- Shemrahiya, P.S.- Chhauradano, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code.

As per the prosecution case, it is stated that the accused persons started to assault the informant and made an attempt to take away his mobile phone, gold ring and chain besides Rs.85,000/- in cash. Two of the four accused persons including the petitioner herein were caught at the place of occurrence while two managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the

Patna High Court CR. MISC. No.28193 of 2022(3) dt.16-01-2023 2/2 F.I.R. The dispute was for different reason and the petitioner was caught and falsely implicated. The petitioner is in custody since 27.2.2022 and charge-sheet has been submitted in the case.

Heard learned A.P.P for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation together with the material that has transpired in course of investigation, the petitioner having remained in custody for 10 months since 27.2.2022 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Turkauliya (Banjariya) P.S. Case no. 175 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran.

(Partha Sarthy, J) avinash/- U T