Sanowar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65791 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Sanowar Alam S/O Md. Sirajuddin R/V- Raj Alamchak, Ward No.-13, P.SJehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 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 356 and 379 of the Indian Penal Code.

3. As per prosecution case, two unknown persons boarded on a motorcycle snatched the mobile of the informant.

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 other co-accused, which has got no evidentiary value in the eyes of law. Only on the basis of suspicion,

Patna High Court CR. MISC. No.65791 of 2023(2) dt.17-10-2023 2/2 petitioner has been implicated in the present case by police. No incriminating/looted article has been recovered from the conscious possession of the petitioner. The trial of the case is triable by learned Judicial Magistrate. Further, it is submitted that the petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 27.07.2023.

5. The application for bail is vehemently 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 only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna in connection with Shrikrishnapuri P.S. Case No. 269 of 2023.

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