Patna High CourtCR. MISC./52410/2023bail granted

Firoz Rahman v. The State Of Bihar

2023-08-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52410 of 2023 Arising Out of PS. Case No.-557 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== FIROZ RAHMAN S/O ATIUL RAHMAN R/O VILLAGE- SISVAR BAZAR, P.S- FULPARAS, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Narpatganj P.S. Case No. 557 of 2021 registered for the offence under Sections 328, 379 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is one of the persons who had laid the victim to take cold-drink in which some intoxicant was mixed and due to which the victim lost senses and thereafter the criminals took away the tempo and Rs. 8000/- from the victim.

5. Learned counsel for the petitioner submits that the petitioner has falsely been implicated and his name has come because of the confessional statement of co-accused and nothing was recovered from his possession.

Patna High Court CR. MISC. No.52410 of 2023(2) dt.23-08-2023 2/2

6. Learned counsel for the petitioner has further submitted that the FIR has been registered after a delay of three months.

7. Learned counsel for the petitioner also submits that the petitioner is in custody since 08.02.2022.

8. Learned A.P.P. has vehemently opposed the prayer for bail by contending that the petitioner is accused in three more cases.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No. 557 of 2021.

11. The petitioner will visit Fulparas Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(Sandeep Kumar, J) Vikas/- U T