Raju @ Mahfuj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31994 of 2023 Arising Out of PS. Case No.-175 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== RAJU @ MAHFUJ ALAM Son of Nanhak Resident of village-Semarhiya, P.S.-Chhauradano, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 394 of the Indian Penal Code.

As per prosecution case, the informant alleged that the accused persons including the petitioner made an attempt to take away his mobile, gold ring and cash of Rs. 85,000/-. Two accused persons were arrested on spot and this petitioner is alleged to have managed to escape.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.31994 of 2023(2) dt.24-06-2023 2/2 in the FIR rather his name transpired in this case on the basis of confessional statement of co-accused namely, Jahir Imam who is already getting the privilege of bail granted by a co-ordinate Bench of this Court vide order dated16.1.2023 passed in Cr. Misc. No. 28193 of 2022, hence the case of this petitioner stands on similar footing of that of co-accused. It is further submitted that the petitioner has got no criminal antecedents and languishing in judicial custody since 13.3.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Turkauliya (Banjariya) P.S. Case No. 175 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari. (Sunil Kumar Panwar, J) Amandeep/- U T