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Patna High CourtCR. MISC./62743/2023allowed

Md. Rahmat @ Sonu Raja @ Sumo v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62743 of 2023 Arising Out of PS. Case No.-167 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Md. Rahmat @ Sonu Raja @ Sumo S/O Md. Ayub R/O Village- Sihama, P.SKhodabandpur, O.P., Chhaurahi, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N. A. Shamsi For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413, 414, 212 of the Indian Penal Code.

3. According to the prosecution, a raid was conducted at the houe of accused Shahnawaz Alam. At that time, one Firdaus was arrested and from where, one lakh Rs was recovered which is said to be looted money by the petitioner and others.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is not named in the FIR. His name was transpired in the present case on the basis of confessional statement of co-accused Ganga

Patna High Court CR. MISC. No.62743 of 2023(2) dt.09-10-2023 2/2 Ram Mukhiya before the police. Neither the petitioner was put on TIP nor any incriminating article has been recovered from his conscious possession. Several co-accused persons of the case have already been granted bail by different co-ordinate Benches of the court which is evident from Annexure-2 series. It is further submitted that the petitioner is languishing in judicial custody since 16.5.2022.

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 custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Biraul P.S. Case No. 167 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 1st Addl. Sessions Judge, Benipur at Darbhanga.

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