Md. Sakim @ Md. Samim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 37039 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== MD. SAKIM @ MD. SAMIM son of Md. Sarif Village- Kaparpura Ps- Kanti Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Motipur P.S. Case No. 299 of 2022 registered under section 392 of the Indian Penal Code.

The allegation against four unknown miscreants is that they looted loaded goods from the pickup van of the informant and they also left away the driver in unconscious condition.

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

Patna High Court CR. MISC. No. 37039 of 2023(3) dt.10-10-2023 2/3 named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely, Rahul Kumar before the police. Nothing looted article has been recovered from the conscious possession of the petitioner rather the recovery of looted article has been made from other co-accused person from whom petitioner has no concern. Similarly situated coaccused has already been granted bail by this Court vide order dated 25.04.2023 passed in Cr. Misc. No. 13110 of 2023. It is further submitted that he has not been put on T.I.P. Moreover, the petitioner is languishing in judicial custody since 30.09.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Motipur P.S. Case No. 299 of 2022 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 Additional

Patna High Court CR. MISC. No. 37039 of 2023(3) dt.10-10-2023 3/3 Chief Judicial Magistrate 2nd, West, Muzaffarpur. (Sunil Kumar Panwar, J) Manishkumar/- U T