Firoj Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76303 of 2024 Arising Out of PS. Case No.-597 Year-2024 Thana- NAWADA District- Nawada ====================================================== 1.
Firoj Khan Son of Akhtar Resident of Village - Shekpura Firojpur, P.S. - Beshumba, District - Meerut (Uttar Pradesh) 2.
Md. Rafik Son of Late Malakhuddin @ Malakh Resident of Village - Shekpura Firojpur, P.S. - Beshumba, District - Meerut (Uttar Pradesh) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhuti Ranjan Sonvadra, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Nawada Nagar P.S. Case No. 597 of 2024 instituted for the offences under Section 392 of the Indian Penal Code.
3. As per prosecution case, while the Informant's mother was returning home after a morning walk at 6.40 am on 24.05.2024, in the same sequence, near Saint Joseph School, two persons snatched the gold necklace from her neck and gold bracelet from her hand, weighing about 2-2.5 Tolas.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as
Patna High Court CR. MISC. No.76303 of 2024(2) dt.24-10-2024 2/3 alleged against them and have falsely been implicated in the present case merely on the basis of suspicion. The petitioners are not named in the F.I.R. rather the same has been lodged against two unknown accused persons. The name of the petitioner no.1 has transpired in this case on the basis of the tower location. He further submits that when Badhain police arrested the petitioner no.1 on 12.08.2024 on the request of the Nawada police for interrogation along with the petitioner no.2 who was also travelling with the petitioner no.1 and both of them were handed over to the Nawada police for interrogation. He further submits that no theft article has been recovered from the conscious possession of the petitioners. The petitioners have not been put on T.I. Parade. The petitioners have one criminal antecedent each and are languishing in judicial custody since 16.08.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners, let the petitioners, abovenamed, be released on bail on
Patna High Court CR. MISC. No.76303 of 2024(2) dt.24-10-2024 3/3 furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Nagar P.S. Case No. 597 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T