Md. Mokhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75077 of 2022 Arising Out of PS. Case No.-275 Year-2020 Thana- GORAUL District- Vaishali ====================================================== MD. MOKHTAR Son of Md. Mansoor Alam Resident of Village- Chandpur Fatah, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Goraul P.S. Case No. 275 of 2020, registered for the offences punishable under Section 392 of the IPC. As per allegation, the petitioner, along with other coaccused persons looted Rs. 80,000/- from the possession of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. None has seen the occurrence. No incriminating articles were recovered from the possession of petitioner. He is under custody since 09.06.2022 and on similar footing, other co-accused Chandan Kumar and Md. Yasin have been granted bail by the coordinate

Patna High Court CR. MISC. No.75077 of 2022(2) dt.29-03-2023 2/2 Benches of this Court in Cr. Misc. Nos. 39784 of 2021 and 28373 of 2021 respectively. He has submitted further that the case of the petitioner is on similar footing.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M. I Vaishali at Hajipur in connection with Goraul P.S. Case No. 275 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Kundan/Mahesh U T