Md Faiz @ Faizy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31298 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Md Faiz @ Faizy Son of Md. Massu Resident of Village - Rahimpur Rudauli, P.S.- Muffasil, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Kant For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dalsinghsarai P.S. Case No. 278 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, two unknown persons snatched the bag of the informant containing laptop, cash of Rs. Two lakh and other articles.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light merely on the basis of
Patna High Court CR. MISC. No.31298 of 2024(2) dt.26-04-2024 2/2 confessional statement of co-accused persons. The petitioner has got no concern with the alleged occurrence. No incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner is in custody since 23.08.2023 and has one 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 facts and circumstances of the case as well as 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 below/concerned Court in connection with Dalsinghsarai P.S. Case No. 278 of 2023.
(Rudra Prakash Mishra, J) Arish/- U T