Md. Rizwan @ Mohammad Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52060 of 2024 Arising Out of PS. Case No.-550 Year-2023 Thana- MITHANPURA District- Muzaffarpur ====================================================== MD. RIZWAN @ MOHAMMAD RIZWAN SON OF SYBEZAN R/OVILLAGE- CHHIT BHAGWATIPUR, P.S.- AHIYAPUR, DISTT.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Mithanpura P.S. Case No.550 of 2023 lodged under Sections 457 and 380 of the I.P.C. and further added section 411 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of robbery of gold jewellery and 1.5 lac cash from the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R., but subsequently by

Patna High Court CR. MISC. No.52060 of 2024(3) dt.13-11-2024 2/3 virtue of confessional statement of co-accused person, namely, Jalaluddin, his name has been inserted in this case. Nothing has been recovered from his possession and he was not put on T.I.P.

5. Counsel for the petitioner submits that petitioner is in custody since 24.12.2023 having two criminal antecedent and in both cases, he is on bail.

6. Counsel further submits that the other co-accused who is Goldsmith from whose shop, cash money has been recovered, has been granted bail by this Hon'ble Court vide order dated 06.09.2024 passed in Cr. Misc. No. 23544/2024.

7. Learned counsel for the State opposes the prayer for bail and submits that it is true that the petitioner is not named in the F.I.R., but it is also true that by virtue of the different paragraphs of the F.I.R. as well as from the CDR of the accused persons, it become crystal clear that the petitioner was present in the said location of the house of the informant.

8. Counsel further submits that the confessional statement of the various accused persons supports the involvement of the petitioner in the present case.

9. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the

Patna High Court CR. MISC. No.52060 of 2024(3) dt.13-11-2024 3/3 petitioner is hereby rejected, but liberty is hereby granted to the petitioner that he may renew his prayer for bail after one year from today.

(Dr. Anshuman, J.) Prakashmani/- U T