Patna High CourtCR. MISC./52402/2024bail granted

Jishan @ Jarru @ Md. Jishan Das @ Md. Jishan v. The State Of Bihar

2024-08-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52402 of 2024 Arising Out of PS. Case No.-1204 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Jishan @ Jarru @ Md. Jishan Das @ Md. Jishan S/o Jafir @ Jafil R/o vill - Madarganj, P.S. - Simraha, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 323, 324, 379, 504, 506/34 of the Indian Penal Code .

3. As per the prosecution case, the unknown miscreants looted Rs. 1.55 lacs and other belongings of the informant.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of coaccused recorded under section 161 of Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any

Patna High Court CR. MISC. No.52402 of 2024(2) dt.21-08-2024 2/2 incriminating articles from the possession of the petitioner. Similarly situated co-accused persons have already granted bail by this Court vide order dated 28.01.2022 in Cr. Misc. No. 12605 of 2021 . Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Araria in connection with Forbesganj ( Simraha) P.S. case No. 1204 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T