Patna High CourtCR. MISC./63453/2024allowed

Md. Nehal v. The State Of Bihar

2024-10-26Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63453 of 2024 Arising Out of PS. Case No.-1471 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Nehal Son of Md. Kallu Village- Ishapur Old Masjid PS- Phulwari Sharif District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is praying for regular bail in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

3. The case of the prosecution is that on the date of the occurrence when the informant was at his shop, six men entered in his shop in which two of them were armed. It is alleged that they took away Rs.2,50,000/- in cash and jewellery worth Rs.7-8 lakhs.

4. Learned counsel for the petitioner has submitted that the case was lodged against unknown miscreants. The name of this petitioner has surfaced in the confessional statement of the co-accused. There is no recovery from the possession of the

Patna High Court CR. MISC. No.63453 of 2024(3) dt.26-10-2024 2/2 petitioner. The petitioner is having criminal antecedent of 13 cases. It has been submitted that all the cases which are lodged against the petitioner are based on confessional statement. The petitioner is in custody since 23.012.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, as well as, the period of 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 Sessions Trial No.202 of 2024 arising out of Phulwari Sharif P.S. Case No.1471 of 2022 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge- 10th Patna.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T