Patna High CourtCR. MISC./52264/2022bail granted

Md. Rabbul v. The State Of Bihar

2022-12-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52264 of 2022 Arising Out of PS. Case No.-655 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== MD. RABBUL S/o Late Khakhu R/o village- Parmanandpur, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Sections 395 and 397 of the Indian Penal Code. Prosecution allegation, in short, is that that on the point of pistol, the accused persons entered into the house of the informant and looted house hold articles, mobile and fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.06.2022. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.52264 of 2022(2) dt.16-12-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused before the police. Except for this, there is no other substantive evidence to suggest the participation of the petitioner in the alleged occurrence. The petitioner has not been put on T.I.P. to ascertain his participation in the said occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 655 of 2022.

(Sudhir Singh, J) Pankaj/- U T