Imran @ Md. Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59212 of 2023 Arising Out of PS. Case No.-1376 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== IMRAN @ MD. RAJA Son of Suhail Alam @ Md. Saheb Alam Resident of village - Damara Daulatpur, P.S. - Bhagwanganj, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Digamber Kr. Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code. As per allegation in the F.I.R., some unknown miscreants came to the informant on two motorcycles armed with pistol entered into his shop and looted cash of Rs. 25,000/- and two cheques of Rs. 500000/- each of Kotak Mahindra Bank along with mobile of his staff.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been remanded in this case by the police from another case Phulwarisharif P.S. case no. 1499 of 2022. Neither the petitioner is named in the

Patna High Court CR. MISC. No.59212 of 2023(2) dt.12-09-2023 2/2 FIR nor put on TIP. Nothing has been recovered from his conscious possession. During investigation, no consistent material has come against the petitioner. Similarly situated other accused person has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No.47780 of 2023. Moreover, the petitioner is languishing in judicial custody since 08.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Phulwarisharif P.S. Case No. 1376 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Patna. (Sunil Kumar Panwar, J) lata/- U T