Akhtar Rain @ Akhtar Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33865 of 2023 Arising Out of PS. Case No.-118 Year-2022 Thana- SISWAN District- Siwan ====================================================== AKHTAR RAIN @ AKHTAR MIAN S/O KINNU MIYAN R/O VilageKishunbari, P.S- Siswan, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumari Anupam For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 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 395 of the Indian Penal Code.

According to the FIR, the informant alleged that some unknown miscreants came and looted cash of Rs. 50,000/- as well as other articles on gun point and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case on the basis of suspicion. Neither the petitioner was put on TI parade nor any looted article has been recovered from his conscious possession. The name of the

Patna High Court CR. MISC. No.33865 of 2023(2) dt.26-06-2023 2/2 petitioner has been transpired in this case on the basis of confession made by co-accused namely, Sunil Singh before the police which is inadmissible in the eye of law. It is further submitted that the petitioner is languishing in judicial custody since 27.12.2022.

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 Siswan P.S. Case No. 118 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 Additional Chief Judicial Magistrate-IV, Siwan. (Sunil Kumar Panwar, J) Amandeep/- U T