Ram Aqbal Mushhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34699 of 2023 Arising Out of PS. Case No.-48 Year-2022 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== RAM AQBAL MUSHHAR Son of Late Kalika Mushhar Resident of village - Nasej, P.S. - Kudra, Distt. - Kaimur at Bhabua ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== 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 instituted for the offence under Sections 457 and 380 of the Indian Penal Code.

As per prosecution case, informant and his brother was sleeping in the other room, then he know door of his room is closed outside then he gave sound to his brother and he also known that his door was also closed outside. The villagers came and opened the door and they saw, cash and other articles have been looted.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.34699 of 2023(2) dt.26-06-2023 2/2 committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. Due to criminal antecedents, the name of the petitioner has come into light. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He is languishing in judicial custody for more than six months.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhabua at Kaimur in connection with Bhagwanpur P.S. Case No. 48 of 2022. (Sunil Kumar Panwar, J) arish/- U T