Patna High CourtCR. MISC./37402/2022bail granted

Md. Tipu v. The State Of Bihar

2022-09-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37402 of 2022 Arising Out of PS. Case No.-195 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== MD. TIPU SON OF MD. KALIM R/O VILLAGE- HUSSAINPUR, P.S.- MOJAHIDPUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, two miscreants looted Rs. 700/- and a mobile phone from the petitioner. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.37402 of 2022(2) dt.29-09-2022 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of coaccused Furkan Ahmad. No T.I.P has been conducted by the prosecution. The petitioner is accused ten other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.09.2021.

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

Considering the aforesaid facts and circumstances of the case as well as the period of detention, 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 the satisfaction of learned Court below, Bhagalpur in connection with Mojahidpur P.S. Case No. 195 of 2021, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without

Patna High Court CR. MISC. No.37402 of 2022(2) dt.29-09-2022 3/3 reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T