Md. Izrail Nadaf @ Md. Israil Nadaf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71360 of 2022 Arising Out of PS. Case No.-260 Year-2017 Thana- BELA District- Sitamarhi ====================================================== Md. Izrail Nadaf @ Md. Israil Nadaf Son Of Md. Serajul R/V- Awapur, P.SPupri, Dist- Sitamarhi ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh Smt. Divya Bharti, Adv.
For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 395 of the Indian Penal Code.
The prosecution case in nutshell is that while the informant along with his family members are sleeping in his house, five miscreants entered into his house and looted ornaments, four mobile sets, documents along with 40,000/- Indian rupees and
Patna High Court CR. MISC. No.71360 of 2022(2) dt.13-03-2023 2/3 16,000/- Nepali rupees.
It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The petitioner was arrested in Bajpatti P.S. Case No. 13 of 2022 and remanded in the present case. Moreover, the petitioner is languishing in judicial custody since 30.07.2022.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration 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 enlarged on bail in connection with Bela P.S. Case No. 260 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two
Patna High Court CR. MISC. No.71360 of 2022(2) dt.13-03-2023 3/3 sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sadar, Sitamarhi.
(Sunil Kumar Panwar, J) nirajkrs/- U T