Md. Sohel Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64784 of 2023 Arising Out of PS. Case No.-78 Year-2022 Thana- PARBATTA District- Bhagalpur ====================================================== MD. SOHEL AKHTAR Son of Late Hakim Moinuddin Resident of VillageMumtaj Mohalla, P.S.-Naugachia, District-Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

As per FIR, some unknown miscreants came on a motorcycle and dashed the informant motorcycle. It is further alleged that on the point of pistol, the miscreants snatched the bag of the informant, in which total two lakh and eighty nine thousand money had kept.

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

Patna High Court CR. MISC. No.64784 of 2023(2) dt.11-10-2023 2/2 statement of co-accused, which has got no evidentiary value in the eyes of law. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. Similarly situated co-accused has already been granted bail by this Court vide order dated 23.06.2023 passed in Cr. Misc. No. 12143 of 2023. Moreover, the petitioner is languishing in judicial custody since 20.10.2022.

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 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 only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIII, Naugachia, Bhagalpur in connection with Parbatta P.S. Case No. 78 of 2022.

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