Patna High CourtCR. MISC./77953/2024bail granted

Md. Rustom v. The State Of Bihar

2024-10-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77953 of 2024 Arising Out of PS. Case No.-159 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Md. Rustom Son of M. Shoeb village- Bathiya Ward No 8, PS -Manigachhi, Dist- Darbhanga, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sakari P.S. Case No. 159 of 2024 instituted for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, on the alleged date and time, two unknown miscreants boarded on motorcycle assaulted the informant and snatched his mobile phone.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.77953 of 2024(2) dt.28-10-2024 2/2 Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case only on the basis of suspicion. No incriminating article has been recovered from the conscious possession of the petitioner except Rs. 500/- which belong to the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.07.2024 and has one criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sakari P.S. Case No. 159 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T