Khalid Hussain @ Khalid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44532 of 2023 Arising Out of PS. Case No.-644 Year-2022 Thana- JOKIHAT District- Araria ====================================================== Khalid Hussain @ Khalid Son Of Raisuddin @ Rais Resident Of VillageTurkaili, Ward No 8, Ps- Jokihat, Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 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.

Allegation against the three unknown miscreants is that they committed loot of Rs. 4,46,320/-, laptop and motorcycle of the informant when he along with his brother was going to home after closing his shop.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-

Patna High Court CR. MISC. No.44532 of 2023(2) dt.28-07-2023 2/2 accused persons before the police. It is further submitted that neither anything looted article has been recovered from the conscious possession of the petitioner nor he has been put on TIP. Moreover, he is languishing in judicial custody since 05.04.2023. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide Annexure-2 series of this petition. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jokihat (Mahalgaon) P.S. Case No. 644 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria.

(Sunil Kumar Panwar, J) shubham/- U T