Gulam Mustafa @ Kunal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71142 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Gulam Mustafa @ Kunal S/O Gayasuddin Resident Of Village- Sabji Mandi, Mahnaar, P.S.- Mahnaar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-03-2023 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 connection with Jandaha P.S. Case No. 84 of 2022 registered under Section 392 of the Indian Penal Code.

Prosecution case in short, is that when the informant was waiting for the pick up van whose driver told him that he was reaching after sometime. In the meantime, four miscreants came on motorcycle and snatched his purse, mobile and a bag containing a weighing machine and Rs. 1700-1800 in the purse of the informant and fled away from there.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.71142 of 2022(2) dt.18-03-2023 2/2 falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name has been transpired in this case on the basis of confessional statement of other co-accused namely, Rohit Kumar before the police. Neither the petitioner was arrested on spot nor any stolen article has been recovered from his conscious possession. It is further submitted that the petitioner has been remanded in this case from another case. He has not been put on T.I.P and has no concern with the alleged offence. He is languishing in judicial custody since 28.05.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jandaha P.S. Case No. 84 of 2022 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 C.J.M. Vaishali at Hajipur. (Sunil Kumar Panwar, J) shubham/- U T