Md Akbar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47912 of 2023 Arising Out of PS. Case No.-1118 Year-2022 Thana- ARARIA District- Araria ====================================================== Md Akbar Son Of Sadiruddin Resident Of Village - Bochi, Ward No. 4, PsAraria (BAIRGACHHI) , Dist- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Jha For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.
As per prosecution case, three unknown miscreants are said to have looted away Rs. 2,32,500/- from the informant on the pistol point and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused which does not get evidentiary value in the eye of law. Neither the petitioner is
Patna High Court CR. MISC. No.47912 of 2023(2) dt.04-08-2023 2/2 named in the FIR nor he was put on TIP and nothing looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 43532 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 08.02.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Araria P.S. Case No. 1118 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria. (Sunil Kumar Panwar, J) Manishkumar/- U T