Md. Danish v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81269 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Md. Danish Son of Md. Nesaruddin @ Nesaruddin Resident of Village - Gauri Bigha, P.S. - Chandi, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner is an accused in connection with Noorsarai P.S. Case No.204 of 2023 registered under Section 392 of the I.P.C.
3. It is alleged that the petitioner, who was sitting in auto (Toto), in collusion with other two accused persons, who were standing on the road, got the informant down from the vehicle and took away the vehicle. The other two accused persons looted the informant's mobile and money from his pocket.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and he has been falsely implicated in this case. Petitioner is not the named
Patna High Court CR. MISC. No.81269 of 2023(2) dt.09-01-2024 2/2 accused in this case. He is a khalasi working with different owners of auto-rickshaws and due to quarrel emerged in between the petitioner and the informant, the informant lodged this case. The petitioner has been remanded in four other cases after his arrest. He is in custody since 09.06.2023. He further submits that nothing has been recovered from possession of the petitioner and except confessional statement, there is no material against the petitioner in this case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the above facts and circumstances of the case as well as the period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of J.M. 1st, Class, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No.204 of 2023.
(Sunil Dutta Mishra, J) Harish/- U T