Gulam Ahmad Raja @ Pulsar @ Ahamad Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73437 of 2024 Arising Out of PS. Case No.-409 Year-2022 Thana- WARISNAGAR District- Samastipur ====================================================== Gulam Ahmad Raja @ Pulsar @ Ahamad Raja S/o Imamul Haque R/o Village- Chini Mill Chak, P.S.- Samastipur Town, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Warisnagar P.S. Case no. 409 of 2022 registered under sections 392 and 411 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, while the informant along with his son was returning from his shop, it is stated that two accused persons stopped them and on the point of pistol took away his bag containing Rs. 5000/ cash and jewelry worth Rs. 25,000/.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.73437 of 2024(2) dt.29-10-2024 2/3 F.I.R was registered against unknown. Referring to the order of the learned trial Court it is submitted that the name of the petitioner transpired in the confessional of co-accused Md. Dulare made before police. Md. Dulare has himself been enlarged on bail vide order dated 7.3.2024 passed in Cr. Misc. no. 76574 of 2023. Inspite of the petitioner being in custody since 5.6.2024, he has not been put on T.I parade and chargesheet has been submitted in the case. The reason of false implication of the petitioner is his antecedents.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation as is evident from the order of the learned trial Court, grant of bail to co-accused Md. Dulare on whose confessional statement made before police the name of the petitioner transpired and chargesheet having been submitted in the case without putting the petitioner on T.I. parade inspite of the petitioner being in custody since 5.6.2024, the petitioner is directed to be enlarged on bail in connection with Warisnagar P.S. Case no. 409 of 2022, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.73437 of 2024(2) dt.29-10-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Samastipur. (Partha Sarthy, J) Harsh/- U T