Md. Ejaj Hasan @ Kuku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78551 of 2023 Arising Out of PS. Case No.-1380 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Md. Ejaj Hasan @ Kuku Son Of Ali Hasan @ Bega R/O Village/MohallaMalikana, P.S.- Masaurih, District- Patna 2.

Md. Raushan @ Md. Raushan Alam Son Of Ali Hasan @ Bega R/O Village/Mohalla- Malikana, P.S.- Masaurih, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Kumar, Advocate For the State :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioners seek bail in connection with Phulwarisharif P.S. Case No. 1380 of 2022 instituted for the offence under Section 395 of the Indian Penal Code. 3.

As per prosecution case, six unknown miscreants entered into the shop of the informant, and looted an amount to the tune of Rs. 1,50,000/- and some jewellery. 4.

It has been submitted on behalf of the petitioners that the petitioners are remanded in this case since 24-02-2023. Petitioner have six criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.78551 of 2023(2) dt.07-12-2023 2/3 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioners are not named in the F.I.R. Their names have surfaced on the basis of confessional statement of coaccused, namely, Vikash Kumar and Deepak Kumar. T.I. Parade has not been conducted. Other co-accused have been allowed bail by Co-ordinate Bench of this Court passed in Cr. Misc. No. 47743 of 2023 and 54804 of 2023.

6.

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

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and claim based on parity, this Court is inclined to grant bail to the petitioners. 8.

Let the petitioners 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 Court below/concerned Court in connection with Phulwarisharif P.S. Case No. 1380 of 2022 subject to the following conditions:

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

(II) The petitioners shall appear on each and every date

Patna High Court CR. MISC. No.78551 of 2023(2) dt.07-12-2023 3/3 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 petitioners.

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