Atabul Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54680 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- KANHAULI District- Sitamarhi ====================================================== Atabul Sheikh S/O Mansoor Sheikh R/O Village- Vishanpur Adhar, P.S.- Kanhauli, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case,while the informant was returning to his home on his motorcycle, in the meantime, two unknown miscreants having pistols in their hand intercepted him. The miscreants looted his motorcycle bearing registration no. BR-06BZ-8809, cash of rs. 50,000/- and other articles from the informant and fled away.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner is

Patna High Court CR. MISC. No.54680 of 2022(4) dt.16-03-2023 2/2 named in FIR nor he has been put on TI Parade till date. During course of investigation, the petitioner has been remanded in this case from another case of Kanhauli P.S. Case no. 40 of 2022. The petitioner is no concerned with the alleged motorcycle bearing no. BR-06BZ-8809 and in this case, no any looted article been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 8.4.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanhauli P.S. Case No. 34 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 J.M. 1st Class, Sitamarhi. (Sunil Kumar Panwar, J) Amandeep/- U T