Patna High CourtCR. MISC./61778/2024bail granted

Mojammil Haque @ Mujmil Haque v. The State Of Bihar

2024-09-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61778 of 2024 Arising Out of PS. Case No.-268 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Mojammil Haque @ Mujmil Haque Son of Abdul Kaiyum Resident of Village- Nuniya Tola, Ward No.-06, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radha Mohan Singh, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kishanganj P.S. Case No. 268 of 2024, instituted for the offences punishable under Sections 316(2), 318(4), 347(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, during inspection of R.T.P.S. Office, the petitioner along with other coaccused persons were caught in illegal possession of R.T.P.S. documents. It is further alleged that the accused persons were found to be involved in tampering of R.T.P.S. documents.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.61778 of 2024(2) dt.04-09-2024 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner was not found with tampering the documents of R.T.P.S., rather he went to submit application for issuance of caste certificate and in the meantime, the said officer entered for the inspection. Coaccused Sanjay Kisku was found with residence and income certificates. The petitioner is in custody since 20.07.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kishanganj P.S. Case No. 268 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T