Md Zakir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58829 of 2022 Arising Out of PS. Case No.-2 Year-2015 Thana- SABAUR District- Bhagalpur ====================================================== Md Zakir Son Of Md. Atik Resident Of Village- Lodipur, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 392 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons stopped the tractor, driven by the informant, and snatched the key and assaulted him. They tied the informant with a tree and flee away with tractor and mobile of the informant.

Patna High Court CR. MISC. No.58829 of 2022(2) dt.02-02-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no any consistent material evidence against the petitioner and his name sprang up in this case on the basis of confessional statement of coaccused and the petitioner was remanded in this case from other case. Moreover, the Petitioner is languishing in judicial custody since 18.10.2021.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection

Patna High Court CR. MISC. No.58829 of 2022(2) dt.02-02-2023 3/3 with Sabour(Goradih) P.S. Case No. 02 of 2015 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st, Bhagalpur.

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