Sk. Kuddus @ Md. Kuddus v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75174 of 2022 Arising Out of PS. Case No.-308 Year-2020 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

Sk. Kuddus @ Md. Kuddus Son Of Ramjani R/V- Dhabool, P.S- Pranpur, Dist- Katihar 2.

Sk. Mukhtar Son Of Sk. Dukhan R/V- Jokar, P.S- Pranpur, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Azamnagar P.S. Case No. 308 of 2020 registered under section 392 of the Indian Penal Code.

Allegation against the petitioners is that on pistol point they snatched the bag of the informant containing laptop and Rs. 1,50,000/- and fled from there, when the informant left his house with his bag on his motorcycle.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They

Patna High Court CR. MISC. No.75174 of 2022(2) dt.24-03-2023 2/3 have falsely been implicated in this case due to village politics. The petitioners are not named in F.I.R. rather their name came into light in this case on the basis of confessional statement of other co-accused person, namely, Md. Najbul before the police. Nothing looted article has been recovered from their possession and also they have not been put on T.I.P. There is no eyewitness of the alleged occurrence and they have no concern with the alleged offence. They are languishing in judicial custody for more than six months. Similarly situated other co-accused persons have already been granted bail by the different co-ordinate Bench of this Court which is annexed as Annexure-2 series of this petition.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioners, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Azamnagar P.S. Case No. 308 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with

Patna High Court CR. MISC. No.75174 of 2022(2) dt.24-03-2023 3/3 two sureties of the like amount each to the satisfaction of the learned C.J.M, Katihar.

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