Md. Mukhtar @ Md. Mukhtar Alam @ Bhikhariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56843 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- KORHA District- Katihar ====================================================== Md. Mukhtar @ Md. Mukhtar Alam @ Bhikhariya S/O Md. Ashfaque Resident Of Village- Bari Chatar, P.S.- Falka, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 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 story, the informant who is posted as R.O. in Bandhan Bank, went for collection on his motorcycle with his associate and collected Rs. 1,25,875/- from different groups. When both of them reached near Mawaria main road, four miscreants on two motorcycles stopped them and looted away entire money on pistol point.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in F.I.R. rather during investigation, his name sprang up in the present case on the basis of confessional

Patna High Court CR. MISC. No.56843 of 2022(2) dt.17-01-2023 2/2 statement of co-accused namely, Imran Mansoori and Md. Masood Alam. Nothing has been recovered from the conscious possession of this petitioner. Moreover, similarly situated coaccused persons have already been granted bail by different coordinate bench of this court vide order dated 16.12.2022 in Cr. Misc. No. 54118 of 2022 and 54355 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 21.7.2022.

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 Korha P.S. Case No. 177 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 Judicial Magistrate-1st Class, Katihar.

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