Patna High CourtCR. MISC./55197/2023bail granted

Mohammad Hasim @ Md. Hasim v. The State Of Bihar

2023-08-31Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55197 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- KORHA District- Katihar ====================================================== Mohammad Hasim @ Md. Hasim Son Of Late Kitab Ali Resident Of Village Madhura Ps Korha District Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Korha P.S. Case No. 237 of 2023 dated 14.06.2023 registered for the offence punishable u/s 395 of the Indian Penal Code.

4. As per the prosecution case, five unknown miscreants boarded on two motorcycles intercepted the motorcycle of the informant and took Rs. 20,500 and snatched silver and golden ornaments.

Patna High Court CR. MISC. No.55197 of 2023(2) dt.31-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is owner of the motorcycle bearing No. BR-39Y-2371. The petitioner is not named in the F.I.R. No. T.I.P has been conducted. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Korha P.S. Case No. 237 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T