Rajjad @ Sajjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59500 of 2021 Arising Out of PS. Case No.-269 Year-2019 Thana- BARSOI District- Katihar ====================================================== RAJJAD @ SAJJAD S/o MD. SARFUL R/o VILLAGE-KHIDIRPUR DHUMTOLA, P.S-BARSOI, DISTRICT-KATIHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Barsoi P.S. Case No. 269 of 2019 instituted for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 08.04.2021, charge-sheet has been submitted and has antecedent of four cases.

Allegation is of looting the informant of Rs.74,024/- along with other articles as detailed in the FIR by three unknown criminals. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the FIR was against unknown and name of the petitioner came in the confessional statement of co-accused Sunny Singh and no

Patna High Court CR. MISC. No.59500 of 2021(2) dt.09-03-2022 2/2 incriminating article has been recovered from possession of the petitioner. Learned counsel further submits that co-accused Sunny Singh has been granted bail by a Coordinate Bench of this Court vide order dated 22.02.2021 passed in Cr. Misc. No. 18928 of 2020. Learned counsel next submits that the person in whose confessional statement, name of the petitioner transpired, since he has been granted bail, the petitioner deserves to be released on bail. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and name of the petitioner came in the confessional statement of co-accused and co-accused has been granted bail and no incriminating article was recovered from possession of the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Barsoi P.S. Case No. 269 of 2019, with condition that one of the bailors shall be the father (Md. Sarful) of the petitioner.

(Satyavrat Verma, J) Kundan/- U T