Shakib Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63417 of 2023 Arising Out of PS. Case No.-454 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Shakib Hussain, Son of Late Zakir Hussain, Resident of Village-Nandpur, Ward No.04, Police Station - Shikarpur, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that while the informant along with his brother was going to Narkatiyaganj Railway Station from his house and when they reached near Diuliya More, three unknown criminals stopped them in the way and looted their mobiles, ATM cards, jewellery on the point of pistol and knife.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.06.2023. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case.

Patna High Court CR. MISC. No.63417 of 2023(2) dt.10-10-2023 2/2 The petitioner has falsely been implicated in the present case. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case on the confessional statement of co-accused, namely, Anirudh Kumar, who has already been granted bail by a co-ordinate Bench of this Court vide order dated 22.03.2023 passed in Cr. Misc. No. 67463 of 2022. No incriminating article has been recovered from the possession of the petitioner. No T.I.P. has been conducted to ascertain the participation of the petitioner in the present occurrence.

5. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

6. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below/court concerned in connection with Ram Nagar P.S. Case No. 454 of 2022.

(Sudhir Singh, J) rohit/- U T