Md Faiyaz @ Jhojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37608 of 2024 Arising Out of PS. Case No.-316 Year-2023 Thana- BIHAR District- Nalanda ====================================================== Md Faiyaz @ Jhojha S/O Md. Reyaz R/O - MOHALLA- SUFINAGAR, PS BIHAR, DISTRICT - NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihar P.S. Case no. 316 of 2023 registered under sections 457 and 380 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he along with members of his family were sleeping, unknown accused persons looted various articles from his house which included the ornaments mentioned therein, Rs. 30,000/- in cash as also mobile phones etc.

4. Learned counsel for the petitioner submits that the F.I.R was registered against unknown. Referring to the order of the learned trial Court, it is submitted that the name of the petitioner transpired in paragraph no. 40 of the case diary in the confessional statement of co-accused Shamshad. The said Shamshad has been enlarged on bail vide order dated 19.3.2024

Patna High Court CR. MISC. No.37608 of 2024(2) dt.12-07-2024 2/2 passed in Cr. Misc. no. 1054 of 2024. No incriminating article has been recovered from the petitioner's possession and chargesheet has been submitted in the case. The petitioner is in custody since 4.1.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the nature of material that has transpired in course of investigation as is evident from the order of the learned trial Court, grant of bail to co-accused Shamshad on whose confessional statement the name of the petitioner transpired and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bihar P.S. Case no. 316 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 Chief Judicial Magistrate, Nalanda at Biharsharif. (Partha Sarthy, J) Harsh/- U T