Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71939 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Sahayak Khajanchi District- Purnia ====================================================== Md. Imtiyaz Son of Md. Laik Residents of Village - Aina Mahal, Sani Mandir Gulabbagh, P.S. - Sadar, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-10-2024 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 379 of the the Indian Penal Code and later on Section 412 of the IPC was added.

3. According to the case of prosecution, the eRickshaw of the informant was missing and the case was lodged against unknown accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He is not named in F.I.R. rather his name has surfaced in this case during investigation on the basis of confessional statement of coaccused before the police which has got no evidentiary value in

Patna High Court CR. MISC. No.71939 of 2024(2) dt.05-10-2024 2/2 the eye of law. It is further submitted by learned counsel for the petitioner that when the informant came to know about false implication of the petitioner then informant himself has filed a petition before learned C.J.M., Purnea stating that he knows petitioner and he has falsely been implicated by the police in this case. Moreover, the petitioner is languishing in judicial custody since 09.05.2024.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sahayak Khazanchi P.S. Case No. 02 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Purnea.

(Ashok Kumar Pandey, J) Shubham/- U T