Md. Saddab @ Laddan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58433 of 2022 Arising Out of PS. Case No.-276 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== MD. SADDAB @ LADDAN Son of Sabbir Aalam @ Mohammad Sabbir Alam R/O Village - Sahdani, P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2023 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 394 of the Indian Penal Code.

As per prosecution case, while the informant was returning his home having cash of Rs. 70,000/-, in the meantime, two miscreants on motorcycle came near and snatched the amount from the informant and also fired upon the wife of the informant.

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 was arrested on spot nor any incriminating article has been recovered from his possession to connect his involvement in this

Patna High Court CR. MISC. No.58433 of 2022(2) dt.02-02-2023 2/2 case. The petitioner is not named in FIR rather his name has been transpired in this case on the basis of confessional statement of one Vikky kumar who was already granted bail by a coordinate bench of this court vide order dated 9.1.2020 in Cr. Misc. No. 80158 of 2019. Except confessional statement of coaccused, there is nothing against the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 18.4.2022.

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 Saraiya P.S. Case No. 276 of 2019 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 (West), Muzaffarpur.

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