Patna High CourtCR. MISC./33646/2023allowed

Tabarak Husain v. The State Of Bihar

2023-06-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33646 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- PRANPUR District- Katihar ====================================================== Tabarak Husain, aged about 28 years, Male Son of Md. Latif @ Abdul Latif, Resident of village- Barbitta (Sahja) P.S.- Mansahi District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Ranjan, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Pranpur P.S. Case No. 258 of 2022 dated 30.11.2022 registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code and Section 3/4 of the Explosive Substances Act. As per the prosecution case, some unknown persons entered into the house of the informant in the night and looted golden chain, silver jewellery and cash of Rs. 30,000/- etc. by threatening and assaulting the informant and her husband. Learned counsel for the petitioner submits that the petitioner is quite innocent has committed no offence as alleged against him. No Test Identification Parade has been conducted and no incriminating article has been recovered from his

Patna High Court CR. MISC. No.33646 of 2023(2) dt.24-06-2023 2/2 conscious possession or from his house. Petitioner has no criminal antecedent. There is no material against the petitioner and he has been implicatded in this case only on the basis of suspicion. Petitioner is in jail custody since 06.01.2023. Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Pranpur P.S. Case No. 258 of 2022.

(Sunil Dutta Mishra, J) Anand Kr.

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