Md.Rubez Alam @ Md.Rubez v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54582 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- BARSOI District- Katihar ====================================================== MD.RUBEZ ALAM @ MD.RUBEZ SON OF MD.SAHABUDDIN RESIDENT OF VILLAGE- KASBA TOLA, P.S- BARSOI (SUDHANI O.P.) DIST- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard learned counsel for the petitioner and learned A.P.P., Shri Shantanu Kumar for the State through virtual court proceedings.

The petitioner seeks bail in connection with Barsoi (Sudhani O.P.) P.S. Case No. 32 of 2020 instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 06.04.2021, and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that the informant alleges that Jay Prakash Sah came to house of the informant on 06.03.2020 at about 02:30 AM and asked him to open the door and when the informant opened the door, 10-15 unknown criminals with their faces masked committed dacoity and looted gold worth Rs. 80,000/- along with Rs. 80,000-90,000/- in

Patna High Court CR. MISC. No. 54582 of 2021(2) dt.16-02-2022 2/2 cash, further Jay Prakash also disclosed that the criminals looted his house also.

Learned counsel for the petitioner submits that the F.I.R is against unknown and the name of the petitioner transpired in the confessional statement of co-accused Md. Hasim, further nothing was recovered from his possession and Md. Hasim has been granted bail by order dated 12.07.2021 in Cr. Misc. no. 4270 of 2021.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.04.2021, charge-sheet has been submitted in the case and the co-accused on whose confessional statement petitoner's name transpired has been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties like amount each to the satisfaction of learned A.C.J.M. 1st, Katihar in connection with Barsoi (Sudhani O.P.) P.S. Case No. 32 of 2020 with a condition that one of the bailor shall be the father of the petitioner (Md. Sahabuddin).

(Satyavrat Verma, J) Gaurav Kumar/- U T