Arjun Mahaldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51523 of 2022 Arising Out of PS. Case No.-68 Year-2021 Thana- AAJAM NAGAR District- Katihar ====================================================== Arjun Mahaldar Son Of Puriya Mahaldar Resident Of Village- Batora, P.S.- Balia Belown, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2023 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 392 of the Indian Penal Code.

As per prosecution case, it is alleged by informant who is a nozal man at Sidhivinayak Petrol Pump, Hazinagar, four miscreants arrived at cash counter on two motorcycles and at the point of arms looted cash of Rs. Two lakh and fled away from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.51523 of 2022(2) dt.12-01-2023 2/2 petitioner has got no criminal antecedent. It is further submitted that the petitioner is not named in FIR and he has not been put on TIP rather his name has been transpired in this case on the basis of confession made by co-accused namely, Santosh Chaudhary. Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 9.5.2022. 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 Azam Nagar (S) P.S. Case No. 68 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 C.J.M., Katihar. (Sunil Kumar Panwar, J) amandeep/- U T