Md. Kasim @ Mojib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3230 of 2023 Arising Out of PS. Case No.-137 Year-2019 Thana- SANHAULA District- Bhagalpur ====================================================== MD. KASIM @ MOJIB S/o Late Md. Ulfat R/o Village- Noornagar, P.S.- Sanhaulla, Distt- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 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 Sections 393 of the Indian Penal Code.

As per prosecution case, the informant along with his grandson were sitting at the shop. At the time, two unknown persons concealing their faces came and on the point of gun they demanded cash but due to activeness of his grandson, miscreants fled away leaving his motorcycle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR as the FIR has been lodged against two unknown miscreants. He submitted nothing

Patna High Court CR. MISC. No.3230 of 2023(2) dt.03-04-2023 2/2 has been recovered from his conscious possession. The name of the petitioner has come into light on the basis of confessional statement of co-accused Md. Sonu, which has no evidentiary value in the eyes of law. No T.I. Parade has been conducted by the prosecution. Petitioner is languishing in judicial custody since 05.05.2020.

Learned APP appearing for the State has opposed the prayer of 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Bhagalpur in connection with Sanhaula P.S. Case No. 137 of 2019.

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