Md. Shadab @ Shadab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49411 of 2022 Arising Out of PS. Case No.-339 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== MD. SHADAB @ SHADAB Son of Mushtaq Qureshi Resident of Kutabuddin Lane, P.S.- Pirbahore, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per prosecution story, amount of Rs. 2,50,000/- has been transferred in the bank account of one Md. Taufiq though net banking and FIR has been lodged against Ankita Kashyap, Md. Tauifq and three unknown persons regarding the loot of the informant's money and other articles.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Petitioner is not named in FIR rather his name has been transpired in this case upon the confessional statement of co-accused namely, Ankita Kashyap.

Patna High Court CR. MISC. No.49411 of 2022(3) dt.19-01-2023 2/2 Exception confessional statement there is nothing on record to demonstrate the complicity of the petitioner with the alleged occurrence. The petitioner has no concern with the co-accused persons. Moreover, similarly situated co-accused namely, Md. Shehjaad has already been granted bail by a coordinate bench of this court vide order dated 17.11.2022 in Cr. Misc. No. 41796 of 2022. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. The petitioner is languishing in judicial custody since 29.6.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pirbahore P.S. Case No. 339 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Patna. (Sunil Kumar Panwar, J) amandeep/- U T