Md. Shoeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49923 of 2024 Arising Out of PS. Case No.-851 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Md. Shoeb Son Of Md. Sharif Village- Mehsauri Ps- Khagaria Muffasil, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmatma Singh, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-07-2024

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

2. The petitioner has filed instant application for grant of regular bail in connection with Khagaria Muffasil P.S. Case no. 851 of 2023, registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that while he was returning, two persons riding on a motorcycle, on the point of country-made pistol looted him of his mobile phone and Rs. 17,000 cash beside other articles as mentioned in the F.I.R.

4. Learned counsel for the petitioner, referring to the contents of the F.I.R and the order of the learned trial Court, submits that the F.I.R was registered against unknown. The petitioner was falsely implicated in this case on the basis of an alleged confessional statement of the petitioner himself. No

Patna High Court CR. MISC. No.49923 of 2024(2) dt.18-07-2024 2/2 incriminating article has been recovered from the possession of the petitioner and the petitioner has not been put on T.I.P. The petitioner is in custody since 16.10.2023 and charge sheet has been submitted in this case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard the learned counsel for the parties and taking into consideration, the allegations in the F.I.R, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, the petitioner not having been put on T.I.P. in spite of being in custody since 16.10.2023, there being no recovery from the possession of the petitioner and charge sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Khagaria Muffasil P.S. Case No. 851 of 2023, 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, Khagaria. (Partha Sarthy, J) Namita/ravikr/- U T