Md. Semabul @ Md. Semaul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51045 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- MANSAHI District- Katihar ====================================================== Md. Semabul @ Md. Semaul S/o Md. Siraj R/o - Haflaganj, P.S.- Muffasil, Distt.- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Mansahi P.S. Case No. 115 of 2023, registered for the offences punishable under Sections 394, 411 and 413 of the Indian Penal Code.
3. As per the prosecution case, three accused persons looted Rs. 10,000/- and other articles such as ATM card, Aadhar Card, Vivo Mobile etc. from the informant when he was
Patna High Court CR. MISC. No.51045 of 2024(2) dt.19-07-2024 2/3 returning his home and they also assaulted the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner was not named in the FIR but during the investigation, the name of the petitioner transpired in this case on the basis of confessional statement of co-accused Tasveer @ Md. Tasveer. He also submits that nothing has been recovered from the possession of the petitioner. He further submits that the similarly situated coaccused, namely, Tasveer @ Md. Tasveer has already been granted regular bail by this Court vide order dated 15.01.2024 passed in Cr. Misc. No. 85857 of 2023. The petitioner is in custody since 18.02.2024 having no criminal antecedent. He also submits that the charge sheet has already been submitted in this case and the petitioner undertakes to co-operate in the trial.
5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M.,
Patna High Court CR. MISC. No.51045 of 2024(2) dt.19-07-2024 3/3 Kathihar / Concerned Trial Court in connection with Mansahi P.S. Case No. 115 of 2023.
(Sunil Dutta Mishra, J) ashishkr/- U T