Rahat Miyan @ Rahat Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71369 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- BIHARIGANJ District- Madhepura ====================================================== RAHAT MIYAN @ RAHAT HUSSAIN Son of Md. Anwar Alam Resident of village - Khokhasi, P.S. - Gwalpara, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, the four accused persons on the point of weapons looted a sum of Rs. 6,09,500/- in cash from the informant and escaped.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Referring to the order of the learned trial Court it is submitted by learned counsel for the petitioner that the material that has transpired in course of investigation has been dealt with in detail therein. The name of the petitioner transpired in course of investigation. The

Patna High Court CR. MISC. No.71369 of 2021(2) dt.06-06-2022 2/2 prosecution is mainly relying on the confessional statement of co-accused Ramu @ Ram Ekbal Kumar and Ganesh Kumar Rishidev @Dhatal Rishidev and the confession of the petitioner himself. No incriminating article has been recovered from his possession. The recovery took place from the co-accused Ram Ekbal Kumar. The petitioner has not been put on TI Parade inspite of being in custody since 30.8.2021. Charge sheet has been submitted.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that no incriminating article has been recovered from the petitioner's possession together with the petitioner not having put on T.I. Parade inspite of being in custody for 9 months and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bihariganj P.S. Case no. 187 of 2021 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 J.M 1st Class, Udakishunganj, Madhepura. (Partha Sarthy, J) Prakash/- U