Ashraf @ Bagad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75298 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- BALTHAR District- West Champaran ====================================================== Ashraf @ Bagad S/o Sheikh Sarfuddin Kari, R/o Vill - Sekhwa Tola, P.S. - Balthar, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 392/34 of the Indian Penal Code in which the charge-sheet has been submitted for the offence under Section 395 of the IPC.
3. The case of the prosecution is that some unknown miscreants alleged to have intercepted the informant and snatched his motorcycle as well as cash of Rs.16,000/-. Thereafter they fled away.
4. Learned counsel appearing on behalf of the petitioner has submitted that the name of this petitioner has surfaced in the confessional statement of co-accused Md. Chhote before the police. Nothing has been recovered from the
Patna High Court CR. MISC. No.75298 of 2024(4) dt.28-01-2025 2/2 conscious possession of this petitioner. It has also been submitted that similarly situated accused persons have been granted privilege of bail by the learned Co-ordinate Bench of this Court vide order dated 02.11.2023 passed in Cr. Misc. No.70012 of 2023 and order dated 19.07.2024 passed in Cr. Misc. No.52188 of 2024. The petitioner is in custody since 09.02.2024.
5. The application for bail is opposed by learned APP for the State.
6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Judicial Magistrate- 1st Class, Bettiah, West Champaran in connection with Balthar P.S. Case No.29 of 2023.
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T