Md. Arshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66962 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Md. Arshi Son of Md. Shamim @ Md. Shameem Resident of Village - Afzala Tole Kheva, Aliya Road, Police Station - Biraul, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Biraul P.S. Case No. 47 of 2024 for the offences punishable under Sections 392 and 397 of the Indian Penal Code.

3. Allegedly, while the informant along with his Bhagina was going to his sasural and in the way, three persons boarded on motorcycles surrounded them and attempted to snatch the motorcycle of the informant and on protest, firing was made and belongings of the informant and his Bhagina as also the motorcycle were taken away by the miscreants.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the petitioner was not

Patna High Court CR. MISC. No.66962 of 2024(2) dt.26-09-2024 2/2 arrested in connection with Kusheshwar Asthan P.S. Case No. 28 of 2024, his confessional statement was elicited in that P.S. Case and on the basis of his confessional statement in that case, he has been made accused in the present case. Nothing has been recovered from his possession. He has also submitted that coaccused Alok Kumar Singh @ Sonu has been granted bail by this Court in Cr. Misc. No. 63469 of 2024. The petitioner is under custody since 03.05.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Benipur, Darbhanga in connection with Biraul P.S. Case No. 47 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T