Md. Qaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39745 of 2021 Arising Out of PS. Case No.-773 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== MD. QAISAR S/o Md. Serajuddin R/o Village- Gajragarh, P.S.- Barachatti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Jubair Ansari, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2022 Heard Mr. Jubair Ansari, learned counsel for the petitioner and Mr. Upendra Kumar, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Barachatti PS Case No. 773/2020 registered for the offence punishable under Sections 393 and 307 of the IPC. The allegation, as per prosecution case, is that informant was intercepted by four miscreants while he was returning to his home on his motorcycle and the said four miscreants tried to snatch the motorcycle of the informant and upon protest, the accused persons fled away. However, one of the accused, namely, Shiva @ Shambhu Pandit was apprehended from Barachatti market while he was fleeing away on his motorcycle.

Patna High Court CR. MISC. No.39745 of 2021(2) dt.24-01-2022 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Learned counsel further submits that name of the petitioner has come on the basis of confessional statement of the co-accused Shiva @ Shambhu Pandit who has been granted bail by this Court in Cr. Misc. 32156 of 2021. Learned counsel also submits that no robbery has taken place and none of the articles of the informant has been snatched by the petitioner or by any other accused persons and it is further submitted that the charge-sheet, in the matter, has already been submitted.

Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 8.1.2021, the charge-sheet, in the matter, has already been submitted and other co-accused person has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti PS Case No. 773/2020.

Patna High Court CR. MISC. No.39745 of 2021(2) dt.24-01-2022 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T