Patna High CourtCR. MISC./35543/2024bail granted

Md Tufan @ Tufani v. The State Of Bihar

2024-05-09Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35543 of 2024 Arising Out of PS. Case No.-295 Year-2023 Thana- MANSI District- Khagaria ====================================================== Md Tufan @ Tufani Son of Md Amin Resident of Village- Mehsauri,ward no. 05, P.S. - Khagaria Muffasil, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmatma Singh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mansi P.S. Case No. 295 of 2023 instituted for the offences under Section 394 of the Indian Penal Code.

3. As per prosecution case, some unknown persons snatched the motorcycle and mobile of the informant and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the

Patna High Court CR. MISC. No.35543 of 2024(2) dt.09-05-2024 2/3 petitioner has come into light on the basis of confessional statement of co-accused person. No incriminating/looted article has been recovered from conscious possession of the petitioner. The petitioner has got no concern with the alleged occurrence. The petitioner has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. The petitioner is in custody since 02.01.2024 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Mansi P.S. Case No. 295 of 2023, Subject to following conditions: (i) One of the bailors shall be own/close member of the family of the petitioner.

(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.35543 of 2024(2) dt.09-05-2024 3/3 consecutive dates, the trial Court will have liberty to cancel the bail bonds of the petitioner.

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