Md. Sahil @ Md. Aarif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35793 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Md. Sahil @ Md. Aarif S/o Md. Sajjad @ Md. Sahazad R/o vill/mohalla - Chippi Tola Chauhtta, P.S. - Hajipur Town, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Industrial Area P.S. Case no.69 of 2023 registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, the informant states that six accused persons on a motorcycle came to his shop variously armed and looted him of 200 grams of ornaments and Rs.1 lakh in cash.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The petitioner was falsely implicated in the case in course of investigation when allegedly his name was taken by co-accused Rahul Kumar. The said Rahul Kumar has been enlarged on bail vide order dated 10.4.2024

Patna High Court CR. MISC. No.35793 of 2024(3) dt.12-07-2024 2/2 passed in Cr. Misc. no.25097 of 2024. Neither the petitioner was identified in T.I. parade nor any incriminating article has been recovered from his possession. The petitioner is in custody since 27.7.2023 and chargesheet has been submitted in the case. The reason of his false implication is his antecedents.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation, grant of bail to co-accused Rahul Kumar on whose confessional statement the name of the petitioner transpired and the petitioner having remained in custody for more than 11 months since 27.7.2023, the Court directs the petitioner to be enlarged on bail in connection with Industrial Area P.S. Case no.69 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Vaishali at Hajipur. (Partha Sarthy, J) Saurabh/- U T