Patna High CourtCR. MISC./81304/2023allowed

Md. Sameer v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81304 of 2023 Arising Out of PS. Case No.-660 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Md. Sameer Son Of Late Md. Shamsher R/O Vill - Jammamasjidpurab Sarai, P.S. - Kotwali, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 sections 401, 457, 380 and 511 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other co-accused persons have been apprehended by police after chasing when they were trying to escape after making an attempt of committing theft in the house of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No articles were stolen from the house of the informant and there has been no recovery of any theft article from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.81304 of 2023(2) dt.18-12-2023 2/2 A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 07.11.2023 in Cr. Misc. No. 69898 of 2023. Moreover, the petitioner is languishing in judicial custody since 15.06.2023.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 660 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya.

(Sunil Kumar Panwar, J) Shubham/- U T