Md. Israil @ Md. Ijrail v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76599 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- AMDABAD District- Katihar ====================================================== Md. Israil @ Md. Ijrail Son of Sk. Sajjun @ Md. Sajjun Resident of VillageR. N. Baulia, P.S.- Manihari, District- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Musowir, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Amdabad P.S. Case No. 97 of 2024 instituted for the offences under Section 395 of the Indian Penal Code.
3. Prosecution case, in short, is that, six unknown miscreants boarded on two motorcycles intercepted the informant, assaulted him and snatched his bag containing Rs. 50,000/- cash and other belongings and fled away.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.76599 of 2024(2) dt.25-10-2024 2/3 petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of confessional statement of Md. Naim. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that cash of rupees 20,000/- has been recovered from the house of co-accused Md. Naim. It has been submitted on behalf of the petitioner that the petitioner is in custody since 07.05.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Bench vide order dated 05.10.2024 passed in Cr. Misc. No. 71183 of 2024.
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, claim based on parity 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
Patna High Court CR. MISC. No.76599 of 2024(2) dt.25-10-2024 3/3 below/concerned Court in connection with Amdabad P.S. Case No. 97 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T