Md. Kalim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61134 of 2022 Arising Out of PS. Case No.-750 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Md. Kalim S/O Abdul Mannan Resident Of Mohalla- Dayachak, Near Railway Station Barh, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 395, 397, 412 and 120(B) of the Indian Penal Code.

The allegation as per prosecution case is that the co-accused persons and petitioner committed dacoity in the house of informant and taken away jewellery of gold valuing about 15 lacs (for business purpose) and other jewellery of family members which were in use, cash of Rs. 60,000-70,000/- and other valuable

Patna High Court CR. MISC. No.61134 of 2022(4) dt.27-03-2023 2/3 documents like ATM card, Credit Card etc. It is also alleged that during the course of occurrence of dacoity, the son of informant received knife injury by one of the co-accused.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and on the basis of his self confession, he has been roped in the present case. The petitioner has still not been put on T.I.P. There is no consistent material evidence against the petitioner and nothing has been recovered from the conscious possession of the petitioner. Moreover, other co-accused person has been granted bail by a co-ordinate Bench of this Court vide order dated 17.03.2023 passed in Cr. Misc. No. 70977 of 2022. The petitioner is languishing in custody since 22.02.2022.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the

Patna High Court CR. MISC. No.61134 of 2022(4) dt.27-03-2023 3/3 petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Begusarai in connection with Town P.S. Case No. 750 of 2021.

(Sunil Kumar Panwar, J) Ayush Tripathi/- U T