Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38609 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- LAKHNAUR District- Madhubani ====================================================== Md. Firoz Son Of Md. Muslim Village- Rautiniya Ps- Phulparas, DistMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Lakhnaur P.S. Case No. 20 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.

3.

Prosecution allegation, in short, is that 3-4 unknown persons intercepted the motorcycle of the informant and on the point of gun snatched a mobile phone, two SIM card and cash Rs. 13,000/- and also snatched his motorcycle bearing No. BR32AD6535. They also assaulted the informant. 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. No specific or

Patna High Court CR. MISC. No.38609 of 2024(2) dt.17-05-2024 2/2 overt act has been alleged against this petitioner. Except the mobile phone and SIM card no incriminating article has been recovered from the petitioner. His name has transpired during course of investigation on the basis of confessional statement of co-accused, Aditya Kumar Das. Charge-sheet has been submitted in this case. The petitioner is in custody since 31.01.2024 and has no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 02-05-2024, passed in Cr. Misc. No. 33440 of 2024.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner, claim based on parity and 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 Lakhanaur P.S. Case No. 20 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T