Patna High CourtCR. MISC./61956/2023allowed

Arman Ahamad v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61956 of 2023 Arising Out of PS. Case No.-589 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Arman Ahamad Son Of Aziz Gadi Village Turkaulia, Po Serwa Majidwa, Ps Matiyaria, District West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Kumar For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 392 of the Indian Penal Code.

3. As per prosecution case, the allegation against the unknown miscreants is that they on pistol point took away tractor of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is

Patna High Court CR. MISC. No.61956 of 2023(2) dt.18-09-2023 2/2 further submitted that looted tractor has not been recovered from his possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 51672 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.04.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramnagar P.S. Case No. 589 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T