Md. Samsul @ Sunil @ Rahmani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79659 of 2024 Arising Out of PS. Case No.-139 Year-2024 Thana- FORBESGANJ District- Araria ====================================================== Md. Samsul @ Sunil @ Rahmani S/o Abdul Jalil Resident of VillageFulkaha, P.S.- Jadia, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shahid Aqubal, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State. The present case has been heard along with Cr. Misc. No. 79589 of 2024.
2. The petitioner seeks bail in connection with Forbesganj P.S. Case No. 139 of 2024 instituted for the offences under Section 394 of the Indian Penal Code.
3. Prosecution case, in short, is that, the informant was working on the post of Field Officer in Bandhan Bank, Branch Fulkaha. It is alleged that on 22.02.2024, four miscreants
Patna High Court CR. MISC. No.79659 of 2024(3) dt.06-12-2024 2/3 boarded on two motorcycles came and overtook the vehicle of the informant, and thereafter, on the point of pistol, looted cash of Rs. 12 lakh.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case during investigation on the basis of confessional statement of the co-accused Md. Shahjahan Mansoori. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2024 and has one criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 27.09.2024 passed in Cr. Misc. No. 54703 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.79659 of 2024(3) dt.06-12-2024 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Forbesganj P.S. Case No. 139 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T