Md. Salman @ Ashab @ Md. Ahasab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70532 of 2022 Arising Out of PS. Case No.-218 Year-2021 Thana- JOKIHAT District- Araria ====================================================== MD. SALMAN @ ASHAB @ MD. AHASAB S/O Kasim R/O VillageRajwakol, Ward No- 01, P.S- Mahalgaon (Jokihat), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution case, it is alleged that while the informant was going on his motorcycle, in the meantime, two miscreants riding on a motorcycle surrounded him and snatched the bag of the informant due to which the he fell down from his motorcycle and the miscreants ran away with his motorcycle. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been implicated in this case. Neither the petitioner was arrested on

Patna High Court CR. MISC. No.70532 of 2022(2) dt.28-02-2023 2/2 spot nor any incriminating article has been recovered from his conscious possession which shows his involvement in the alleged offence. Moreover, similarly situated co-accused namely, Md. Murshid has already been granted bail by a coordinate Bench of this Court vide order dated 26.7.2022 in Cr. Misc. No. 22815 of 2022 and the same has been annexed as Annexure-2. The petitioner is languishing in judicial custody since 31.1.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Jokihat (Mahalgaon) P.S. Case No. 218 of 2021 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., Araria. (Sunil Kumar Panwar, J) Amandeep/- U T