Md. Asad @ Asad Madni @ Madna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79347 of 2023 Arising Out of PS. Case No.-53 Year-2023 Thana- AMAUR District- Purnia ====================================================== Md. Asad @ Asad Madni @ Madna Son of Baharuddin R/o vill - Garhara, P.S. - Amour, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

According to the prosecution case, 10-12 miscreants jumped into the house of the informant and looted Rs. 5,00,000/-, two mobile phones etc and also threatened the informant and his family members for dire consequences.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.79347 of 2023(2) dt.14-12-2023 2/3 been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up during the investigation. The petitioner has still not been put on T.I.P. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner is languishing in custody since 23.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 03.08.2023 passed in Cr. Misc. No. 47606 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.79347 of 2023(2) dt.14-12-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea in connection with Amour P.S. Case No. 53 of 2023.

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