Md. Shahban @ Golu @ Md. Shahban Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55765 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Md Dilnawaz @ Noso S/O Atikur Rahman R/O Village-Suapakar,PORupali,PS_Musrigharari, Distt-Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56541 of 2024 Arising Out of PS. Case No.-241 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Md. Shahban @ Golu @ Md. Shahban Alam Son of Md Abdul Mannan R/O Vill.- Suapakar, P.o.-Rupali, P.s.- Musrigharari, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55765 of 2024) For the Petitioner/s :

Mr.Md. Hussamuddin Azad For the Opposite Party/s :

Mr.Bharat Bhushan (In CRIMINAL MISCELLANEOUS No. 56541 of 2024) For the Petitioner/s :

Mr.Md. Hussamuddin Azad For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Sarai Ranjan P.S. Case No. 241 of 2023 registered for the offence under Section 392 of the Indian Penal Code.

3. As per prosecution case, it is alleged by the informant that while he was going to his house by motorcycle,

Patna High Court CR. MISC. No.55765 of 2024(2) dt.02-08-2024 2/3 in the meantime, three unknown miscreants boarded on a motorcycle overtook him and on point of pistol, they snatched his bag containing cash of Rs. 4500/-, Pan Card, Addhar card and other articles.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. The petitioners are not named in the FIR. Their name came into light on the basis of confessional statement of co-accused Heerala. Neither the petitioners were put on TIP nor any incriminating article has been recovered from their conscious possessions. It is further submitted that co-accused Heera Lal Kumar has already been enlarged on bail by this Court vide order dated 14.3.2024 passed in Cr. Misc. No. 17157. Moreover, petitioner Md. Dilnawaz and Md. Shahban are languishing in judicial custody since 8.2.2024 and 3.11.2023 respectively.

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 period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sarai Ranjan P.S. Case No. 241 of

Patna High Court CR. MISC. No.55765 of 2024(2) dt.02-08-2024 3/3 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Samastipur.

(Sunil Kumar Panwar, J) Amandeep/- U T