Md. Miraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68434 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== Md. Miraj, Gender-Male, aged about 24 years, Son of Md. Serqruddin, R/o Nai Bazar, P.S.- Bhagwan Bazar, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Mirtunjay Kumar Tiwary, Advocate For the Informant : Mr. Vijay Kumar, Advocate For the State :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 538 of 2024, arising out of Bhagwan Bazar P.S. Case No. 101 of 2024 dated 07.03.2024 registered for the offences punishable under Sections 392 of the I.P.C. and 27 of the Arms Act.

3. As per the prosecution case, four unknown miscreants wrapped their faces entered the shop of the informant and snatched Rs. 22,000/- and Aadhar Card of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.68434 of 2024(2) dt.26-09-2024 2/3 this case. It is submitted that the petitioner is not named in the F.I.R. His name has come in the present case during the course of investigation on the basis of identification made by Spy. There is no recovery from his possession. No T.I. Parade has been conducted to ascertain the real culprit of the alleged offence. The charge sheet has already been submitted in the present case. There is general and omnibus allegation against the petitioner. It is submitted that the other co-accused persons, namely, Mohammad Sahajad and Vijay Kumar have already been granted bail by a Bench of this Court vide Cr. Misc. No. 43805 of 2024 under order dated 08.07.2024. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 17.03.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional

Patna High Court CR. MISC. No.68434 of 2024(2) dt.26-09-2024 3/3 Sessions Judge-XIV, Saran at Chapra in connection with Sessions Trial No. 538 of 2024, arising out of Bhagwan Bazar P.S. Case No. 101 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T