Md Ijhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72872 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- SABAUR District- Bhagalpur ====================================================== MD IJHAR S/O Late Md. Salauddin R/O Mohalla- Bikhanpur, near Railway Quarter, Jhoparpatti, P.S- Ishakchak, District- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the Indian Penal Code.

As per allegation in the FIR, informant is a doctor and six accused persons entered into his clinic and made a request to his compounder to visit the doctor. As soon as compounder took them to doctor, on pistol point accused persons confined the entire family members of the informant/doctor in a locked room and then looted jewelry, cash, mobiles and other valuable items. It is further alleged that accused persons have threatened the informant that if the occurrence is reported to the police, they will have to face dire consequences.

Patna High Court CR. MISC. No.72872 of 2022(3) dt.22-03-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Neither the petitioner is named in the FIR not put on TIP. There is no eye witness of the alleged occurrence. No any article except a mobile has been recovered from his conscious possession of the petitioner. Name of the petitioner has been surfaced in this case on the basis of statement of unknown ex-thief, which has no evidentiary value in the eye of law. Petitioner is languishing in judicial custody since 31.5.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Sabour P.S. Case No. 126 of 2022.

(Sunil Kumar Panwar, J) sushma/- U