Md. Iftekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70177 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Md. Iftekhar S/O- Hafij Md. Jenudden @ Md. Jainuddin Village- Rampur W.No-8, Ps- K. Nagar Champa Nagar Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Naushaduzzoha, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Forbesganj P.S. Case No. 139 of 2024 instituted for the offence under Section 394 of the Indian Penal Code.

3.

As per prosecution case, the Informant was working on the post of Field Officer in Bandhan Bank, Branch Fulkaha. It is alleged that on 22-02-2024, four unknown miscreants on two motorcycles came and overtook the vehicle of the Informant, and thereafter, on the point of pistol, looted cash of Rs.12 lakh.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-07-2024. Petitioner

Patna High Court CR. MISC. No.70177 of 2024(2) dt.27-09-2024 2/3 bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner transpired in this case on the basis of confessional statement of co-accused, namely, Sonu Kumar. Nothing has been recovered from physical and conscious possession of the petitioner. Learned counsel submits that petitioner has no concern with the alleged occurrence. Petitioner was not put on T.I. Parade. Charge sheet has been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 02-08-2024, passed in Cr. Misc. No. 54978 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, manner of petitioner's implication and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.70177 of 2024(2) dt.27-09-2024 3/3 Court below/concerned Court in connection with Forbesganj P.S. Case No. 139 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T