Md. Anas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30286 of 2024 Arising Out of PS. Case No.-746 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Md. Anas Son of Md. Mulla Aalam @ Md. Mustafa Hussain @ Md. Murtaza Hussain Resident of Village - Mali Bigha, Utri Malah Bigha, Islampur, P.S.- Islampur, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barachatti P.S. Case No. 746 of 2023 instituted for the offence under Section 394 of the Indian Penal Code.

3.

Prosecution case in short is that three unknown miscreants looted away Rs. 1,78,000/- from Petrol Pump. 4.

It has been submitted on behalf of the petitioner that the petitioner has been remanded in this case and is in custody since 22-12-2023. Petitioner bears three criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.30286 of 2024(2) dt.22-04-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during the course of investigation on the basis of self-confessional statement, and the same has no evidentiary value. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was not put on TI parade. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

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 Barachatti P.S. Case No. 746 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T