Patna High CourtCR. MISC./34690/2024bail granted

Md. Imran v. The State Of Bihar

2024-05-06Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34690 of 2024 Arising Out of PS. Case No.-849 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Md. Imran son of Arman Mian @ Arman Ali Village- Diuliya w.No-6, PsShikarpur Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sujeet Kumar, Adv.

For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shikarpur P.S. Case No. 849 of 2023 instituted for the offences under Sections 356, 379, 411 and 34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of snatching mobile from the Informant. It is alleged that while fleeing, both the miscreants were chased by the Informant and the local public and were apprehended by them with the stolen mobile and motorcycle. After interrogation, they disclosed their names as Afjal Alam and Md. Imran (the petitioner). Accordingly, the FIR.

Patna High Court CR. MISC. No.34690 of 2024(2) dt.06-05-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. There is no direct or specific allegation against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the seized moible or the alleged motorcycle. The petitioner has no criminal antecedent and is languishing in judicial custody since 30.10.2023 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused Afjal Alam has been granted bail by this Court vide order dated 21.03.2024 passed in Cr. Misc. No. 18608 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the

Patna High Court CR. MISC. No.34690 of 2024(2) dt.06-05-2024 3/3 petitioner, abovenamed, 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 Shikarpur P.S. Case No. 849 of 2023 .

(Rudra Prakash Mishra, J) rishi/- U T