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Patna High CourtCR. MISC./63247/2024bail granted

Noor Hassan @ Monti v. The State Of Bihar

2024-10-05Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63247 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- HABIBPUR District- Bhagalpur ====================================================== Noor Hassan @ Monti Son of Mohmad Hassan Resident of Daudchuk, Police Station - Habibpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md.Najmul Hodda, Advocate For the State :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-10-2024 Heard Mr. Md.Najmul Hodda, learned counsel for the Petitioner and Mr. Yogendra Kumar Singh, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Habibpur P.S. Case No. 18 of 2024 dated 29.01.2024 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. Learned counsel appearing for the petitioner submits that the petitioner is a twenty year old person having fair and clean antecedent and he has been made accused mainly on the basis of confessional statement of co-accused, Md. Kausar, who was apprehended after four days from the date of the occurrence, in fact, no occurrence as alleged took place and on the alleged day and time of the occurrence, there was a

Patna High Court CR. MISC. No.63247 of 2024(2) dt.05-10-2024 2/3 dispute of payment of fare in between the informant and two unknown persons regarding the mode of the payment. It is further submitted that the petitioner is a student having good academic past and after passing the Intermediate Examination, he is presently preparing for different competitive examinations and he has also completed one year Diploma Course in HVAC Technician from Rabiya Technical Institute & Placements Council, Jamshedpur (Jharkhand) and if he is arrested, his entire educational career will be ruined. It is further submitted that as per the information, the looted Toto has been recovered from a garage and in that recovery, there was no role of the petitioner.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the facts and circumstances of this case as well as above submissions coupled with the petitioner's young age as well as his academic career and also his fair and clean antecedent, this Court is inclined to give the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.63247 of 2024(2) dt.05-10-2024 3/3 like amount each to the satisfaction of the Court concerned in connection with Habibpur P.S. Case No. 18 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) maynaz/- U T