Sultan Ali @ Moharram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81950 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- AMNAUR District- Saran ====================================================== Sultan Ali @ Moharram, S/o Mustafa, R/o Village-Parsa Shankar Dih, P.S.- Parsa, District- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar, Advocate For the Opposite Party/s :
Md. Anil Kumar Singh No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Amnour P.S. Case No.164 of 2024 registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.
3. The accused/petitioner is not named in the FIR and is in custody since 23.06.2024.
4. The allegation against the petitioner is to commit dacoity in Central Bank of India, Apher Branch along with other co-accused persons and while committing so, looted cash of Rs.8,94,988/-.
5. It is submitted by learned counsel that name of
Patna High Court CR. MISC. No.81950 of 2024(4) dt.22-01-2025 2/3 petitioner transpired during the course of investigation on the basis of self-confession and also on the basis of confessional statement of co-accused, namely, Janu Kumar Rai, Pintu Kumar and Manish Kumar. It is pointed out that petitioner was not put on T.I.P. as yet. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence and moreover the petitioner is a man of clean antecedent.
6. It is further submitted by learned counsel that alleged recovery of Rs.68,300/- from the house of petitioner is not sufficient to connect the petitioner prima facie with present occurrence of dacoity in want of details and denominations of currency notes. It is submitted that aforesaid amount was claimed by petitioner. Seized mobile also claimed by petitioner.
7. Mr. Anil Kumar Singh, learned APP opposes the prayer for grant of bail to the petitioner.
8. In view of aforesaid factual submissions, as recovered currency notes not appears to connect petitioner
Patna High Court CR. MISC. No.81950 of 2024(4) dt.22-01-2025 3/3 prima facie with present occurrence of dacoity in want of details and denominations of currency notes, coupled with the fact that investigation of this case is already completed, where petitioner is in custody since 23.06.2024, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VIII, Saran at Chapra in connection with Amnour P.S. Case No.164 of 2024, subject to the conditions as laid down under Section 437(3) of the CrPC/under Section 480(3) of the BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T