Patna High CourtCR. MISC./65967/2023allowed

Md. Jahid @ Afroj v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65967 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- NAGAR District- Vaishali ====================================================== MD. JAHID @ AFROJ S/O MOHAMMAD FIROJ @ MD. FIROJ R/O VILLAGE- GHAUSI KHAN, WARD NO. 11, P.S- KURHANI ( FAKULI O.P.), DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 328, 356, 379 of the Indian Penal Code.

3. As per prosecution case, the petitioner is said to have taken the valuable articles including Aadhar card of the informant after administering him obnoxious material in cold drink.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name came into light on the basis of suspicion thereafter his confessional statement has

Patna High Court CR. MISC. No.65967 of 2023(3) dt.28-11-2023 2/2 been recorded and the same has got no evidentiary value in the eye of law. Neither the petitioner was put on TIP nor any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 25.5.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hajipur Town P.S. Case No. 147 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur.

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