Md. Taukir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71223 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- MADHWAPUR District- Madhubani ====================================================== MD. TAUKIR Son of Md. Niyaz Resident of Village - Pathanpura, Ward No. 9, Police Station - Sursand, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Madhubala Verma, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.07.2021, charge-sheet has been submitted in the case and has antecedent of one case. The informant alleges that some unknown criminals entered his house and assaulted him and his family members and looted Rs. 6 lakhs of Nepali currency including ornaments and they even threw bombs and injured her daughter-in-law by inflicting knife blow on her nose and further the accused were in the age group of 25-35 years of age.

Patna High Court CR. MISC. No.71223 of 2021(2) dt.06-05-2022 2/2 Learned counsel for the petitioner submits that the F.I.R. was against unknown and the name of this petitioner transpired in the confessional statement of co-accused, Shibu Sahani which has no evidentiary value. It is further submitted that despite being in custody, the petitioner was not put on TIP nor any incriminating article was recovered from his possession to even remotely connect him with the offence. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.07.2021, charge-sheet has been submitted in the case and taking into consideration the submissions advanced by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Madhwapur P.S. Case No. 51 of 2021 with a condition that one of the bailors of the petitioner shall be his father Md. Niyaz. (Satyavrat Verma, J) Rishi/- U T