Md. Ijrail @ Md. Ijryle v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74446 of 2023 Arising Out of PS. Case No.-518 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Md. Ijrail @ Md. Ijryle S/O- Md. Jiyauddin Resident of Chhoti Line Jhopparpatti, P.S.- Tilkamanjhi, District- Bhagalpur, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kotwali (Tilkamanjhi) P.S Case No. 518 of 2022 registered for the offences punishable under Sections 392, 395 & 412 of the Indian Penal Code read with Section 25(1-B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, three miscreants snatched the bag which contains silver items.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case.

Patna High Court CR. MISC. No.74446 of 2023(4) dt.21-02-2024 2/3 He further submits that the petitioner has not named in the F.I.R. but his name has surfaced during investigation at the instance of confessional statement of co-accused Md. Saddam. It is also submitted that petitioner is in judicial custody since 03.04.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S Case No. 518 of 2022.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of

Patna High Court CR. MISC. No.74446 of 2023(4) dt.21-02-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Guddu/- U T