Md. Syed Danish @ Syed Danish Hashmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54177 of 2024 Arising Out of PS. Case No.-121 Year-2022 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Md. Syed Danish @ Syed Danish Hashmi S/o Syed Salahuddin R/o vill - Inayatpur Parbodhi, P.S. - Sarai, Distt. - Vaishli ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with N.H. Bangra (Samastipur) P.S. Case No. 121 of 2022 (G.R. No. 2642 of 2022) instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, three unknown miscreants, boarded on a motorcycle, intercepted the Informant on the way and, on the point of pistol, they robbed motorcycle of the Informant and fled away from there.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.54177 of 2024(2) dt.07-08-2024 2/3 The petitioner is not named in the F.I.R. as the same has been registered against unknown. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted in this case. The name of the petitioner has surfaced in this case on the basis of the confessional statement of the co-accused Sudhanshu Kumar @ Vikki @ Rakesh. After investigation, the police has submitted charge-sheet in this case. Learned counsel for the petitioner again submits that the petitioner surrendered in Sarai P.S. Case No. 318 of 2022 and, thereafter, he has been remanded in this case. He further submits that after surrendering in Sarai P.S. Case No.

318 of 2022, the petitioner was remanded in four other cases relating to the offence under Sections 302, 394, 457 of the I.P.C. and Arms Act. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no concern with the alleged occurrence. The petitioner has four criminal antecedents and is languishing in judicial custody since 16.03.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties

Patna High Court CR. MISC. No.54177 of 2024(2) dt.07-08-2024 3/3 and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with N.H. Bangra (Samastipur) P.S. Case No. 121 of 2022 (G.R. No. 2642 of 2022).

(Rudra Prakash Mishra, J) rishi/- U T