Patna High CourtCR. MISC./56552/2024bail granted

Md. Heeru @ Heerwa @ Md. Heeruwa v. The State Of Bihar

2024-10-29Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56552 of 2024 Arising Out of PS. Case No.-653 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Heeru @ Heerwa @ Md. Heeruwa son of Late Salauddin @ Sahabuddin R/o- Gumti No-3, Choti Railway Line, Jhoparpatti Ps- Ishakchak DistBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Kotwali (Tilkamanjhi) P.S. Case No. 653 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that on the alleged date and time, two unknown miscreants boarded on motorcycle surrounded the informant and opened fired from country-made pistol and snatched Rs. 20,000/- from the informant and fled away.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.56552 of 2024(3) dt.29-10-2024 2/3 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of selfconfessional statement of the petitioner. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that petitioner has got no concern with the looted articles. It has been submitted on behalf of the petitioner that the petitioner is in custody since 09.02.2024 and has five criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Kotwali (Tilkamanjhi) P.S. Case No. 653 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.56552 of 2024(3) dt.29-10-2024 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T