Patna High CourtCR. MISC./50609/2024bail granted

Md. Arzoo v. The State Of Bihar

2024-08-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50609 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- BANGARA District- Samastipur ====================================================== Md. Arzoo SON OF MD. PAYARE @ MD. PEYARE @ JAMIL VILLAGEGADDOPUR, PS- NH BANGRA, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with N.H. Bangra P.S. Case No. 168 of 2023 dated 08.12.2023 registered for the offences punishable u/ss 392, 411 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants are alleged to have overtaken the informant's motorcycle and took away Rs. 1,20,000/-, Aadhar car, PAN car, driving license etc. from the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of

Patna High Court CR. MISC. No.50609 of 2024(2) dt.06-08-2024 2/2 the petitioner has sprung on the basis of the self-confessional statement. No TIP has been conducted by the prosecution. At the instance of the petitioner, the motorcycle used in the alleged crime was recovered from the house of the co-accused Md. Naushad. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with N.H. Bangra P.S. Case No. 168 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T