Md Akhtar @ Md Akhtae v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37920 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== MD AKHTAR @ MD AKHTAE SON OF MD RAZZAQUE R/O VILL TARA BARIYARPUR PS KHODAWANDPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per allegation in the FIR, four miscreants overtook the motorcycle of the informant and on pistol point, they took his motorcycle, mobile, cash of Rs. 5,000/- along with relevant paper of motorcycle and ATM Card.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR nor he has been put on TIP. On the basis of apprehended co-accused Md. Niyaz, name of the petitioner has been surfaced in this case, which has no

Patna High Court CR. MISC. No.37920 of 2023(2) dt.04-07-2023 2/2 evidentiary value in the eye of law. There is no eye witness of the alleged occurrence. Nothing has been recovered from conscious possession of the petitioner. Petitioner is languishing in judicial custody since 29.01.2023.

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, 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 SDJM, Manjhaul, Begusarai in connection with Khodawandpur P.S. Case No. 2 of 2023.

(Sunil Kumar Panwar, J) sushma/- U