Md. Arman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54204 of 2023 Arising Out of PS. Case No.-71 Year-2019 Thana- GOPALPUR District- West Champaran ====================================================== Md. Arman Son Of Md. Murtuza Resident Of Village - Mirtoli, P.S. - Sugauli, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharad Kumar Verma For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 394 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants had hired informant's auto for Baishkwa and when they reached near the place of occurrence, they tied the hands and mouth of the informant by Gamchha and took away mobile and tempo of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.54204 of 2023(3) dt.18-10-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and during the course of investigation, on the basis of confessional statement of co-accused Shahabuddin Alam, the petitioner has been roped in the present case. Nothing has been recovered from the conscious possession of the petitioner. In the Test Identification Parade, only co-accused Md. Farman was identified. The petitioner is languishing in custody since 04.07.2019. It is further submitted that Md. Farman has been granted bail by a coordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 42894 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.54204 of 2023(3) dt.18-10-2023 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran in connection with Gopalpur P.S. Case No. 71 of 2019. (Sunil Kumar Panwar, J) Shageer/- U T