Md. Jahir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60718 of 2024 Arising Out of PS. Case No.-38 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Md. Jahir S/o- Md. Rustam village- Badi Imambara, Fatehpur, P.S.- Industrial Area, District- Bhagalpur ... ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Upadhyaya, Advocate For the Opposite Party/s :
Mrs.Dr. Indiwar Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and the State.
2. The petitioner seeks regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
3. As per the prosecution case, four unknown accused persons, on the point of pistol, took away Rs.13,500/-, Rs.4,500/- and Rs.3,700/- from the informant and two others.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. Out of five prosecution witnesses, three prosecution witnesses including the informant have deposed in the trial. These witnesses, in their depositions contained in supplementary affidavit, have not identified the petitioner. There is no allegation against the petitioner of tempering with the evidence. Petitioner is in custody since 15.5.2024.
5. Learned counsel for the State opposes the prayer for bail.
6. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner,
Patna High Court CR. MISC. No.60718 of 2024(5) dt.19-12-2024 2/2 mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VIII, Bhagalpur or successor court in Sabour Police Station Case No. 38 of 2023.
(Prabhat Kumar Singh, J) Shashi U T