Halim Rangrej @ Gainu Miya @ Jainu Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53379 of 2022 Arising Out of PS. Case No.-16 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== HALIM RANGREJ @ GAINU MIYA @ JAINU MIYA Son of Late Makbul Miya R/V- Baliya Bujurg, PS- Akbarpur, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Najmul Hodda For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Kawakol (Rupow) P.S. Case No. 16 of 2019, registered for the offence punishable under Sections 384, 34 of the Indian Penal Code. The allegation is regarding unknown accused persons having arrived at the shop of the informant, whereafter they had given a ransom note to the informant for a sum of Rs. 50,00,000/-.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has
Patna High Court CR. MISC. No.53379 of 2022(2) dt.20-01-2023 2/3 been falsely implicated in the present case and he is languishing in custody since 5.7.2022. It is further submitted that though the petitioner is an accused in one other case, but he is on bail in the said case. It is also submitted that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime and in fact, the name of the petitioner has transpired in the present case, upon confessional statement made by one co-accused person, namely, Makeshwar Pandey, who has already been granted bail by this Court, vide order dated 20.11.2019, passed in Criminal Miscellaneous No. 68901 of 2019.
Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-
Patna High Court CR. MISC. No.53379 of 2022(2) dt.20-01-2023 3/3 accused person, who has already been granted bail by this Court, I deem it fit and proper to direct for release of the petitioner on regular bail.
Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Nawada in connection with Kawakol (Rupow) P.S. Case No. 16 of 2019.
(Mohit Kumar Shah, J) Ajay/- U T