Aadil Rahi @ Nawshirawan Adil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73836 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Aadil Rahi @ Nawshirawan Adil, S/O Sarwar Alam, Resident of villageFulwari (Altahat), P.S.- Kochadhaman, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-04-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Kochadhaman P.S. Case No. 137 of 2022 dated 26.05.2022 registered for the offences punishable u/s 395 of the Indian Penal Code.

As per the prosecution case, the informant's bag containing cash, two cheques, one money receipt book and credit memo were looted by unknown miscreants.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.73836 of 2022(2) dt.06-04-2023 2/2 has sprung up in the confessional statement of the co-accused Sarfaraz Alam who has already been granted bail by the Coordinate Bench vide order dated 09.02.2023 passed in Cr. Misc. No. 57663 of 2022. No T.I.P. has been conducted by the prosecution. He has further submitted that the stolen money was recovered from the pocket of the petitioner, the said recovered money belonged to the petitioner. The petitioner is accused in one more case as stated in para 3 of the bail petition. The petitioner is in custody since 27.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj in connection with Kochadhaman P.S. Case No. 137 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T