Manoj Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52188 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== MANOJ MIYAN SON OF SHEIKH ARMAN @ ALLAUDDIN Resident of Village - Bheidhari (Sagarnua), P.S. - Purushottampur, District - West Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392/34 of the Indian Penal Code. Charge-sheet has been submitted u/s 395 IPC.

3. As per prosecution case, some unknown miscreants are alleged to have intercepted the informant and snatched his motorcycle as well as cash of Rs. 16,000/-. Thereafter, they fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in

Patna High Court CR. MISC. No.52188 of 2024(2) dt.19-07-2024 2/2 this case on the basis of confessional statement of co-accused namely, Chhote before the police. Nothing has been recovered from conscious possession of the petitioner. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 2.11.2023 passed in Cr. Misc. No. 70012 of 2023. Petitioner does not bear any criminal antecedent. 29.5.2024. It is further submitted that the petitioner is languishing in judicial custody since 21.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Balthar P.S. Case No. 29 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, West Chamapran at Bettiah.

(Sunil Kumar Panwar, J) sushma/- U