Khurshid Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67721 of 2023 Arising Out of PS. Case No.-122 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Khurshid Alam, Male, aged about 26 years, Son of Abdul Kadir, Resident of Village - Bakari, P.S. - Khodabandpur, District - Begusarai. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Mritunjay Kumar, Advocate For the Opposite Party :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Biraul P.S. Case No. 122 of 2022 dated 07.04.2022 registered for the offence punishable under Sections 395, 397 of the I.P.C. and Section 27 of the Arms Act. Later on, Sections 412 and 120(B) of the I.P.C. were also added.
3. As per the prosecution case, 5 to 6 unknown miscreants holding arms are alleged to have looted Rs. 41,79,457/- from the Punjab National Bank, Supaul Bazar, Darbhanga, on the point of pistol. It is further alleged that cash of Rs. 2,44,800/- from Bhupendra Kumar, Rs. 1,30,500/- from
Patna High Court CR. MISC. No.67721 of 2023(2) dt.18-10-2023 2/3 Suryakant Prakash and Rs. 84,000/- from Manjeet Kumar were also looted by miscreants.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has one criminal antecedent in which he is on bail, as stated in paragraph no. 3 of the bail petition. The petitioner is not named in the F.I.R. His name has surfaced in this case, during the course of investigation, on the basis of the confessional statement of the co-accused persons Md. Asif and Ganga Ram Mukhiya. Nothing has been recovered from the possession of the petitioner. Other co-accused persons have been granted bail by another Co-ordinate Benches of this Court vide Cr. Misc. No. 52692 of 2022 under order dated 04.05.2023, Cr. Misc. No. 58474 of 2023 under order dated 04.09.2023, Cr. Misc. No. 67879 of 2022 under order dated 14.03.2023, Cr. Misc. No. 75279 of 2022 under order dated 22.06.2023, Cr. Misc. No. 42186 of 2023 under order dated 25.07.2023. He is in custody in this case since 02.06.2022.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be
Patna High Court CR. MISC. No.67721 of 2023(2) dt.18-10-2023 3/3 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 the learned Court concerned, Benipur, Darbhanga, in connection with Biraul P.S. Case No. 122 of 2022.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T