Md. Asif v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52555 of 2021 Arising Out of PS. Case No.-401 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== MD. ASIF S/O MD. MAJLUM R/o village- Rewahi, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-03-2022 Heard learned counsel for the parties.

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, three unknown accused persons dashed their motorcycle against the motorcycle of the informant. It is stated that on the point of a firearm, they took away Rs.400/ and also the motorcycle of the informant. It is submitted by learned counsel for the petitioner that the F.I.R. was registered against three unknown. Referring to the order of the learned court below, it is submitted that the material that has transpired in course of investigation has been dealt with in detail in the said order. The petitioner has been falsely implicated in the case in course of investigation only on

Patna High Court CR. MISC. No.52555 of 2021(2) dt.09-03-2022 2/2 the basis of suspicion. No incriminating article nor the motorcycle in question has been recovered from the possession of the petitioner. Inspite of the petitioner being in custody since 10.7.2021 and chargesheet having been submitted in the case, the petitioner has not been put on T.I. parade. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for about 8 months, no incriminating article having been recovered from the petitioner's possession and chargesheet having been submitted in the case without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Forbesganj P.S. Case no.401 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Partha Sarthy, J) Saurabh/- U T