Md. Shahban Alam @ Golu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56425 of 2024 Arising Out of PS. Case No.-464 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== 1.
Md. Shahban Alam @ Golu S/O Abdul Mannan R/O Village- Suapakar, P.ORupali, P.S- Musrigharari, Distt.- Samastipur. 2.
Md Dilnawaz @ Noso@ Naso S/O Atikur Rahman R/O Village- Suapakar, P.O- Rupali, P.S- Musrigharari, Distt.- Samastipur. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Md. Hussamuddin Azad For the Opposite Party :
Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Tajpur (Halai) P.S. Case No. 464 of 2023 dated 17.08.2023 registered for the offences punishable u/s 394 of the Indian Penal Code.
3. As per the prosecution case, three motorcycle borne miscreants overtook the informant and stopped his motorcycle. One of the miscreants tried to snatch his bag and the other culprit assaulted the informant on his head. On being objected by the informant, one of the miscreants stabbed him in his back and the culprits snatched his bag containing money and other
Patna High Court CR. MISC. No.56425 of 2024(2) dt.31-08-2024 2/3 items and also snatched his mobile phone. The miscreants also tried to snatched the informant's motorcycle but could not succeed.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The petitioners are not named in the F.I.R. The name of the petitioners have sprung up in the confessional statement of the co-accused. The other co-accused person has already been granted bail by this court vide order dated 01.05.2024 passed in Cr. Misc. No. 31450/2024. The petitioner no 1 is accused in three cases whereas the petitioner no. 2 is accused in two cases as stated in para 3 of the bail petition. The petitioners are in custody since 29.11.2023 and 03.04.2024 respectively.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.56425 of 2024(2) dt.31-08-2024 3/3 learned Court concerned, Samastipur in connection with Tajpur (Halali) P.S. Case No. 464 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T