Md. Sultan @ Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70974 of 2022 Arising Out of PS. Case No.-91 Year-2019 Thana- BAUSI District- Araria ====================================================== MD. SULTAN @ SULTAN Son of Late Md. Iliyas Resident of Village- Chandradei, P.S.- Araria, R.S., District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 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, informant being (Door Banking Officer) of Bandhan Bank Araria Branch, alleged that while he was coming after collecting cash, in the meantime, three unknown miscreants intercepted him and snatched total Rs. 78,600/- and other articles, thereafter, this case has been lodged. 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 merely on the basis of confessional

Patna High Court CR. MISC. No.70974 of 2022(2) dt.14-03-2023 2/2 statement of co-accused Md. Sarfaraz @ Gaji before the police which has got no evidentiary value in the eye of law. Except this, no any consistent material has come against the petitioner. No any looted article has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 17.06.2022. 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 Bousi P.S. Case No. 91 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Araria.

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