Md. Lalo @ Lalba @ Mustkim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49908 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== MD. LALO @ LALBA @ MUSTKIM S/o MD. MOKIM MIAN @ MD. MOKIM R/o VILLAGE-LALPUR GOTH, WARD No.14, P.S-BIRPUR, DISTRICT-SUPAUL.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Balua Bazar Police Station Case No. 32 of 2020, registered for the offences punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as per the First Information Report, is that three unknown miscreants snatched a sum of Rs. 25,000/- from the informant and one mobile phone of his nephew on the point of gun.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of

Patna High Court CR. MISC. No.49908 of 2021(2) dt.11-03-2022 2/3 his self-inculpatory statement and has been remanded by the police in the present case on 14.10.2020 from Bipur Police Station Case No. 100 of 2020. He further submits that no looted article has been recovered from the possession of the petitioner and he has also not been put on Test Identification Parade by the police as yet. He further submits that the petitioner is in custody since 14.10.2020 and charge sheet has been submitted against him and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the petitioner has been made accused in this case on the basis of confessional statement, no looted article has been recovered from his possession, charge sheet has already been submitted and the petitioner is in custody since 14.10.2020, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Supaul, in connection with

Patna High Court CR. MISC. No.49908 of 2021(2) dt.11-03-2022 3/3 Balua Bazar Police Station Case No. 32 of 2020. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √