Abdul Samad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39960 of 2020 Arising Out of PS. Case No.-94 Year-2020 Thana- ABADPUR District- Katihar ====================================================== ABDUL SAMAD Son of Late Matiful, Resident of Village - Rampur, P.S.- Azamnagar, Distt.- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Chandra Patel For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 392 of the Indian Penal Code.

Prosecution case in brief is that on 30.06.2020 when the informant was going to Basagaon and reached near Dhumtola graveyard his motorcycle was stopped and an accused pointed a pistol and threatened him to kill if raising alarm. Other two accused persons snatched his bag containing Rs.70,000/-, Laptop, Finger print machine and mobile phone. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. Only on suspicion and on the basis of own confessional

Patna High Court CR. MISC. No.39960 of 2020(3) dt.22-03-2021 2/3 statement the petitioner has been made accused in this case. The occurrence took place on 30.06.2020 and FIR has been lodged on 31.08.2020 after lapse of two months. There is no any incriminating articles have been recovered from the possession of the petitioner only Rs.5200/- has been recovered from the house of the petitioner. There is no specific overt act against the petitioner and there is no T.I. Parade till date. From the place occurrence a broken black visor was recovered and the witness Khalid Alam stated in para 55 of the case diary that the petitioner got the visor replaced in this showroom on 02.09.2020. The said motorcycle was also recovered from the cattle house of the petitioner. The said motorcycle is belonged to petitioner's brother-in-law. The petitioner is languishing in judicial custody since 04.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in

Patna High Court CR. MISC. No.39960 of 2020(3) dt.22-03-2021 3/3 connection with Abadpur P.S. Case No. 94/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T