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Patna High CourtCR. MISC./52872/2022allowed

Batting @ Aariph v. The State Of Bihar

2023-02-14Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52872 of 2022 Arising Out of PS. Case No.-622 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Batting @ Aariph Son Of Mohammad Wakil Resident Of Village- Paigambar Pur Kolhua Near Ajad Transport, P.S. Ahiya Pur, Dist.- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

As per allegation in the FIR, four miscreants, on two separate motorcycles, came and on gun point smashed the glass of the car of informant and snatched a bag containing Cash of Rs. 50,000/-, laptop and other articles, from the informant.

Patna High Court CR. MISC. No.52872 of 2022(3) dt.14-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing has been recovered from the conscious possession of the petitioner. The name of the petitioner sprang up in this case on the confessional statement of co-accused, namely, Prem Kumar Sah. Moreover, the petitioner is languishing in judicial custody since 21.12.2021. Similarly situated co-accused, namely, Prem Kumar Sah, has been granted Bail vide order dated 05.09.2022, passed in Cr. Misc. no. 31829 of 2022 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.52872 of 2022(3) dt.14-02-2023 3/3 petitioner is directed to be enlarged on bail in connection with Town P.S. (Sikandar Pur O.P) Case No. 622 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur.

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