Md. Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55057 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- BITHAN District- Samastipur ====================================================== Md. Sabir S/O Md. Sanzur R/O Village- Morkahi Maido Chowk, Ward No.6, P.S- Bithan, Distt.- Samastipur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 394 of the Indian Penal Code. As per allegation in the FIR,on the alleged date of occurrence the informant along with his wife and sali proceeded on motorcycle from a marriage at village Ron and after dropping his sali at village Bhikhnoliya when he along with his wife reached in between village Bhiknoliya and Murli, then four persons covering their face with Gamcha armed with weapons surrounded them and assaulted to him and looted golden ornaments, mobiles, cash of Rs. 8,000/- and

Patna High Court CR. MISC. No.55057 of 2023(2) dt.29-08-2023 2/3 other articles from the informant and his wife and fled away. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case merely on suspicion. He is not named in the F.I.R. and the F.I.R. has been lodged after the inordinate delay of 4 days without any cogent reason. Nothing incriminating articles were recovered from the conscious possession of the petitioner rather the police found it from ditch near place of occurrence and shown it in seizure list as found in the house of the petitioner. Till date no T.I.P. has been conducted to identify the real culprits or for seized article. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The petitioner is languishing in judicial custody since 17.05.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bithan P.S. Case No.53 of 2023 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.55057 of 2023(2) dt.29-08-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Rosera, Samastipur.

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