Patna High CourtCR. MISC./78642/2023allowed

Md. Jahir v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78642 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== MD. JAHIR Son of Md. Hasim Resident of village - Machaha Saurajan, P.S.- Pratapganj, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. Allegation against unknown miscreants is that they snatched the motorcycle of the informant and also opened fire.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person before the police which has got no evidentiary value in the eye of law. Nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.78642 of 2023(2) dt.07-12-2023 2/2 the petitioner and also he has not been put on TIP as yet. The snatched motorcycle has been recovered from the possession of other co-accused person. Moreover, the petitioner is languishing in judicial custody since 19.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Triveniganj P.S. Case No. 303 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul.

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