Md. Idrish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43374 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- KORHA District- Katihar ====================================================== Md. Idrish S/o Salim @ Shekh Salim R/o village- Musapur, Ward No. 1, P.S.- Korha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 23-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

Petitioner seeks regular bail in connection with Korha P.S. Case No. 357 of 2021 registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution, the informant's motorcycle, a mobile phone and a cash of Rs. 20,000/- were looted at the alleged place by some unknown miscreants.

The main submissions advanced by learned counsel Mr. Bhola Prasad for the petitioner are that the petitioner is not named in the FIR and he has been made accused mainly on the

Patna High Court CR. MISC. No.43374 of 2022(2) dt.23-11-2022 2/3 basis of his own statement as it reflects from the order of the Court below and after his arrest in the present case he was not put on Test Identification Parade and the police failed to recover any of the looted articles from his possession and the petitioner has criminal antecedent of two cases in which he has been granted bail in one of the said cases vide order passed by coordinate Bench of this Court in Cr. Misc. No. 14452 of 2022 and the petitioner has been languishing in jail since 23.12.2021. Learned APP Mr. Pronoti Singh appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR and the order impugned. The petitioner has mainly taken the defences that after his arrest in the present matter he was not put on Test Identification Parade and the police failed to recover any of the looted articles from his possession. In view of the said defences, no submission has been made by the prosecution and it appears that while rejecting the prayer of the petitioner the Court below mainly placed reliance on the petitioner's own statement recorded by him before the police. Considering these facts as well as petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.43374 of 2022(2) dt.23-11-2022 3/3 Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in Connection with Korha P.S. Case No. 357 of 2021.

(Shailendra Singh, J.) Prashant/- U T