Md. Haidar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62898 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== MD. HAIDAR son of Md. Akawar Village- Bhutta Chowk Gopalpur PsKalyanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 392 and 411 of the Indian Penal Code.

3. As per prosecution case, four miscreants came on two motorcycles stopped the Pick-up Van of the informant which was loaded with coconut. They threatened him on the point of pistol and took away his Pick-up Van. Somehow the

Patna High Court CR. MISC. No.62898 of 2023(2) dt.22-09-2023 2/3 informant informed the police party and the Pick-up Van of the informant was intercepted, but the miscreants fled away leaving the pick-up Van.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown persons. The name of the petitioner has come into light, on the basis of confessional statement of co-accused persons. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 11.08.2023 passed in Cr. Misc. No. 49612 of 2023. He is languishing in judicial custody since 17.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.62898 of 2023(2) dt.22-09-2023 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Kalyanpur P.S. Case No. 269 of 2022.

(Sunil Kumar Panwar, J) arish/- U T