Md. Ashif @ Md. Neyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59462 of 2021 Arising Out of PS. Case No.-517 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== MD. ASHIF @ MD. NEYAZ S/o Late Md. Shahabuddin R/o Darzi Mohalla Near Patna Market, Ashok Raj Path, P.S.- Pirbahore, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rina Sinha, Advocate For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patrakarnagar P.S. Case No. 517 of 2020 for the offence registered under Section 394 of the Indian Penal Code.

The allegation is regarding unknown miscreants having arrived on a motorcycle at the place of occurrence whereafter they had pushed the informant resulting in her falling on the ground and then they are stated to have snatched the chain being worn by the sister of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 05.01.2021. The learned counsel for the petitioner has submitted that though the petitioner is an accused in one other case, however, as far as the present case is concerned, he has been remanded in the present case from the said

Patna High Court CR. MISC. No.59462 of 2021(2) dt.29-03-2022 2/2 case after the confessional statement of the co-accused person was recorded wherein he has disclosed the name of the petitioner and had stated about his complicity in the instant case. It is further submitted that no incriminating articles/looted articles have been recovered from the petitioner.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner apart from the fact that no looted articles have been recovered from the conscious possession of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIII, Patna in connection with Patrakarnagar P.S. Case No. 517 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T