Mustak @ Bholi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55638 of 2021 Arising Out of PS. Case No.-324 Year-2020 Thana- DUMRAO District- Buxar ====================================================== MUSTAK @ BHOLI SON OF LATE MD. YUNUS R/O MUHALLATAKIYA MUHALLA DUMRAON, P.S.- DUMRAON, DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. The petitioner seeks regular bail in connection with Dumraon Police Station Case No. 324 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code 1860.

The prosecution case, as per the First Information Report, is that the informant was accosted by three unknown persons on the gun point and the miscreants looted a sum of Rs.8,75,000/- of the informant.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of the petitioner as well as co-accused persons. He further submits that the petitioner was arrested in

Patna High Court CR. MISC. No.55638 of 2021(2) dt.09-02-2022 2/3 Dumraon Police Station Case No.22/2021 and from where he has been remanded in the present case on the basis of his confessional statement. He next submits that except confessional statements, there is no other material to connect the petitioner with the present offence inasmuch as no incriminating material and/or looted property has been recovered from possession of the petitioner and the petitioner has also not been put on Test Identification Parade as yet. He further submits that the petitioner is in custody since 03.02.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that no incriminating material and/or looted property has been recovered from the possession of the petitioner, the petitioner is in custody since 03.02.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten

Patna High Court CR. MISC. No.55638 of 2021(2) dt.09-02-2022 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon Police Station Case No. 324 of 2020 subject to the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √