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Patna High CourtCR. MISC./80192/2023allowed

Manan Ali v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80192 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- RAXAUL RAIL P.S. District- West Champaran ====================================================== Manan Ali Son Of Serajul Haque R/O Village- Chhota Perua, P.S.- Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 and 307 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, unknown miscreants fired and inflicted knife blow on the informant's brother and looted Rs. 15,00,000/- from him. The informant's brother was taken to the hospital for treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis

Patna High Court CR. MISC. No.80192 of 2023(2) dt.14-12-2023 2/2 of suspicion. Neither any looted article has been recovered from the conscious possession of this petitioner nor he has been put on TIP as yet. He has no concern with the alleged occurrence. Similarly situated other co-accused person has already been granted bail by another co-ordinate Bench of this Court vide order dated 27.07.2023 in Cr. Misc. No. 43447 of 2023. Moreover, the petitioner is languishing in judicial custody since 18.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raxaul Rail P.S. Case No. 05 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Bettiah, West Champaran. (Sunil Kumar Panwar, J) Shubham/- U T