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Patna High CourtCR. MISC./53892/2023allowed

Md. Siraj @ Suraj v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53892 of 2023 Arising Out of PS. Case No.-87 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== MD. SIRAJ @ SURAJ son of Late Md. Bajir Mohalla- Bhikanpur PsIshakchak Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 of the Indian Penal Code.

As per prosecution case, the allegation against the unknown miscreants is that they looted 2.5 lacs from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner is named in the FIR nor he was put on TIP. It is further

Patna High Court CR. MISC. No.53892 of 2023(2) dt.28-08-2023 2/2 submitted that nothing looted money has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 16.09.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Pasraha P.S. Case No. 87 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Khagaria.

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