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Patna High CourtCR. MISC./70454/2023allowed

Rustam @ Rustam Ali v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70454 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- BALUA BAZAR District- Supaul ====================================================== Rustam @ Rustam Ali Son Of Md Basir @ Md Bashir Miyan Resident Of Village - Balua Bazar, Ward No.5, Police Station - Balua Bazar, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 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 section 392 of the Indian Penal Code.

3. Allegation against the four miscreants is that they snatched the loaded pick up van of the informant along with one mobile phone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case during investigation. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.70454 of 2023(2) dt.06-11-2023 2/2 possession of the petitioner and also he has not been put on TIP as yet. This case is triable by learned court of Judicial Magistrate. Moreover, the petitioner is languishing in judicial custody since 22.05.2023.

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 Baluwa Bazar O.P. P.S. Case No. 42 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 I/C S.D.J.M., Supaul. (Sunil Kumar Panwar, J) Shubham/- U T