Md Tafaijul @ Jafaijul @ Tafaijul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67219 of 2022 Arising Out of PS. Case No.-79 Year-2020 Thana- BARHARA KOTHI District- Purnia ====================================================== Md Tafaijul @ Jafaijul @ Tafaijul S/O Md. Kalim R/O Village- Jankinagar, Binovagram, P.S- Jankinagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 79 of 2020 registered for the offence under Section 392 of the I.P.C.

The accused/petitioner is not named in the F.I.R. and is in custody since 27.06.2022.

The allegation against the petitioner is to commit dacoity alongwith other co-accused persons and while committing so taken away cash of Rs. 1,29,560/- belongs to informant and others .

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67219 of 2022(2) dt.24-02-2023 2/3 submitted that the name of petitioner surfaced during the course of investigation on the basis of confessional statement of coaccuses, namely, Md. Rustam, in furtherance of which no incriminating material recovered/surfaced, which may connect petitioner, prima facie, with present occurrence of robbery/dacoity. It is further submitted that petitioner has not put on TIP, as yet. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail fairly conceded the fact that petitioner is not named in F.I.R. Considering the facts and circumstances as mentioned above and by taking note of nature of allegation, where no incriminating material surfaced during the course of investigation to connect petitioner, prima facie, with the present set of occurrence, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Barhara (Raghubansh Nagar) P.S. Case No. 79 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.67219 of 2022(2) dt.24-02-2023 3/3 amount each to the satisfaction of learned A.C.J.M. II, Purnea/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Archana/- U T