Md. Tahlil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83943 of 2024 Arising Out of PS. Case No.-310 Year-2023 Thana- PIPRA District- Supaul ====================================================== Md. Tahlil Son of Md. Firoz Resident of Village- Choghara, P.S.- Supaul, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Kumar Mehta, Adv.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Pipra P.S. Case No. 310 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, the Informant, who is a supplier of newspaper, was accosted with three unknown miscreants who have snatched Rs. 5,000/- and one mobile phone on the point of pistol.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.83943 of 2024(2) dt.10-12-2024 2/3 recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. and he has been remanded in this case on the basis of confessional statement of the coaccused Raushan Kumar. He further submits that the looted mobile has been recovered from the house of the co-accused Ganesh Poddar from the room of his son Neeraj Poddar. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has three criminal antecedent and is languishing in judicial custody since 02.04.2024 without any rhymes or reason. Charge-sheet has been submitted in this case against the petitioner and other coaccused persons.

5. Learned counsel for the petitioner again submits that the co-accused namely Pintu Sharma has been granted bail by this Court vide order dated 19.11.2024 passed in Cr. Misc. No. 65807 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature and, hence, he does not deserve bail.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.83943 of 2024(2) dt.10-12-2024 3/3 also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Pipra P.S. Case No. 310 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T