Syed Ali Aameer @ Tipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67299 of 2022 Arising Out of PS. Case No.-116 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Syed Ali Aameer @ Tipu Son Of Syed Raza Imam R/O Mohalla- Naya Tola, Indra Chowk, P.S.- Bettiah (T), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in connection with Bettiah(T) P.S. Case No.116 of 2020 registered for the offence under Section 392 of the Indian Penal Code.

The accused/petitioner is not named in the F.I.R. and is in custody since 13.05.2022.

The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so took away cash of Rs.2,04,400 (Rupees Two Lakhs Four Thousand Four Hundred) belonging to informant and others.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.67299 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 coaccused, in furtherance of which, no incriminating material recovered/surfaced, which may connect this petitioner, prima facie, with the present set of robbery. It is submitted that petitioner was also not put on T.I.P. as yet. While concluding the argument, it is submitted that petitioner found involved in three more cases, where he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, while opposing the prayer for bail fairly conceded that petitioner is not named in the F.I.R.

In view of the facts and circumstances as mentioned above and by taking note of the fact as no incriminating material recovered/surfaced during the course of investigation, which may connect this petitioner, prima facie, with the present occurrence of robbery coupled with the fact that charge-sheet has already been submitted, let above named petitioner is directed to be released on bail in connection with Bettiah (T) P.S. Case No.116 of 2020 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.67299 of 2022(2) dt.24-02-2023 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T