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Patna High CourtCR. MISC./72174/2022allowed

Md. Ehsan @ Lakki @ Md. Ahsan v. The State Of Bihar

2023-03-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72174 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MANIGACHI District- Darbhanga ====================================================== MD. EHSAN @ LAKKI @ MD. AHSAN Son of Md. Jabbar R/o- Dhunaki, P.S.- Sakari, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 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.

The prosecution case, in brief, is that while the informant was returning along with his father on a motorcycle, in the meantime, three unknown persons riding on a motorcycle, pushed them down and snatched away a bag containing cash of rupees one lakh as well as motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FRI rather he has falsely been implicated in the present case on the basis of suspicion. During

Patna High Court CR. MISC. No.72174 of 2022(2) dt.17-03-2023 2/2 investigation, the name of the petitioner came into light on the basis of confession made by co-accused namely, Prince Kumar Paswan before the police, which is inadmissible in the eye of law. Nothing incriminating article has been recovered from conscious possession of the petitioner which shows his involvement in the alleged offence. It is further submitted that petitioner is languishing in judicial custody since 27.10.2022. 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 Manigachhi P.S. Case No. 18 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of A.C.J.M.-V, Darbhanga.

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