Md. Zakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37342 of 2024 Arising Out of PS. Case No.-61 Year-2024 Thana- DHAMDAHA District- Purnia ====================================================== Md. Zakir, (M), aged about 24 years, S/O Mustakim, Resident of Village - Sakin Tola, PS- Barhara Kothi, Distt.- Purnea. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kumar, Advocate For the Opposite Party :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Dhamdaha P.S. Case No. 61 of 2024 dated 27.02.2024 registered for the offence punishable under Section 394 of the I.P.C.

3. As per the prosecution case, on 27.02.2024, when the informant alongwith others after taking group loan from the H.D.F.C. Bank, was returning from the auto, suddenly, three unknown miscreants boarded on the motorcycle overtook and stopped their auto and looted Rs. 50,000/- from the informant and Rs. 2,30,000/- from others on the point of knife.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.37342 of 2024(3) dt.18-07-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case during the course of investigation on the basis of tower location of looted mobile no. 8862881536. It is further submitted that after arrest of the petitioner, police recovered one mobile no. 8862881536 and one more old mobile and Rs. 1500/- from the room of the petitioner. It is further submitted that the said cash of Rs. 1500/- is not looted money rather the same is of the petitioner and the recovered mobiles from the room of the petitioner was mere coincident. It is further submitted that till 01.04.2024, no T.I. Parade has been done. The other co-accused Md. Rajabul @ Rajabul has been granted bail by a Bench of this Court vide Cr. Misc. No. 35278 of 2024 under order dated 16.05.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 09.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.37342 of 2024(3) dt.18-07-2024 3/3 the satisfaction of learned C.J.M., Purnea in connection with Dhamdaha P.S.Case No. 61 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T