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Patna High CourtCR. MISC./58576/2024bail granted

Sobarati Mansury @ Khurshid Alam @ Sobarati Mansuri v. The State Of Bihar

2024-08-09Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58576 of 2024 Arising Out of PS. Case No.-634 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Sobarati Mansury @ Khurshid Alam @ Sobarati Mansuri S/o- Sah Mohammad Resident of village- Mahuawa PS- Kuchaikote DistrictGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kuchaikote P.S. Case No. 634 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. Prosecution case, in short, is that five miscreants intercepted the informant and his cousin and, on the gun point, snatched mobile-phone and cash amounting to Rs. 2,000/- from the informant and fled away from the spot.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of

Patna High Court CR. MISC. No.58576 of 2024(2) dt.09-08-2024 2/2 the co-accused Sujit Kumar. No incriminating article has been recovered from the conscious possession of the petitioner. 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 has no criminal antecedent. The co-accused person has already been granted bail by this Bench vide order dated 12.07.2024 passed in Cr. Misc. No. 47722 of 2024.

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, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory 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 Kuchaikote P.S. Case No. 634 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T