Md Arif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39474 of 2023 Arising Out of PS. Case No.-38 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== MD ARIF S/O MD. SATTAR R/O Village- Rahmat Nagar, Ward No. 02, P.SJankinagar, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 392, 411 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

As per allegation in the FIR, informant is engaged as Manager in Bharat Finance Ltd. Murliganj and on 24.11.2020, while he and his co-worker were returning by a motorcycle after collecting money of Rs. 1,21,165/-, near Tapra Tola, four miscreants on two motorcycles overtook him and on gun point looted his entire amount, Tab, mobile phone and bio-metric machine. It is further alleged that local police apprehended one of the miscreants, namely, Manoj Sah who disclosed the name

Patna High Court CR. MISC. No.39474 of 2023(3) dt.10-10-2023 2/2 of the petitioner as one of his associates. On search, country made pistol, live cartridge, two motorcycle and looted tab was recovered from apprehended accused. Looted cash has been shown to be recovered from the house of the petitioner. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Looted article and cash have not been put on TIP. There is no eye witness of the alleged occurrence. Petitioner is a hawker. Petitioner is languishing in judicial custody since 1.2.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJMI, Madhepura in connection with Murliganj P.S. Case No. 38 of 2023.

(Sunil Kumar Panwar, J) sushma/- U