Md. Masoom @ Md. Shahil @ Md. Masum @ Md. Sahil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80075 of 2023 Arising Out of PS. Case No.-333 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Md. Masoom @ Md. Shahil @ Md. Masum @ Md. Sahil Son Of Md. Jakir @ Md. Jakir Hussain R/O Village- Chakanur, P.S.- Muffasil, District- Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

The prosecution case in nutshell is that 8 to 10 miscreants committed dacoity in the house of the informant by inflicting assault. It is alleged that miscreants have looted mobile phones, ATM Card, cash and jewelry from the house of informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.80075 of 2023(2) dt.13-12-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Md. Dulare. Moreover, the petitioner is languishing in judicial custody since 29.08.2023. Similarly situated co-accused person, Sanjeev Kumar @ Sanjiv Kumar has been granted bail by co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Samastipur (Town) P.S. Case No. 333 of 2022 on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.80075 of 2023(2) dt.13-12-2023 3/3 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur.

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