Md. Isa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3244 of 2023 Arising Out of PS. Case No.-103 Year-2022 Thana- GADHPURA District- Begusarai ====================================================== MD. ISA Son of Md. Phool Hasan R/V- Sasan, P.S- Hasanpur, DistSamastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sabal Kumar Jha For the Opposite Party/s :
Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 394 and 397 of the Indian Penal Code.
As per allegation in the FIR, when the informant was going to his home and reached near Malipur High School then four miscreants had stopped his motorcycle and on the point of gun they snatched Rs. 550/-, one Oppo Mobile and motorcycle. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He submitted the petitioner is not named in the FIR and nothing incriminating articles has been recovered from the conscious possession of the petitioner. During investigation one co-
Patna High Court CR. MISC. No.3244 of 2023(2) dt.03-04-2023 2/2 accused namely, Shivan has arrested and confessed his guilt and on his confessional statement, the name of the petitioner has come into light, which has got no evidentiary value in the eyes of law. No T.I. Parade has been conducted by the prosecution. Petitioner is languishing in judicial custody since 21.10.2022. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Gadhpura P.S. Case No. 103 of 2022.
(Sunil Kumar Panwar, J) arish/- U T