Md. Nausad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79230 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== Md. Nausad Son Of Md. Mubarak Resident Of Village- Kajra, Ward No. 10, Ps- Shankarpur, Distt- Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 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 392 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant going to deposit Rs. 1,25,700/-, four unknown miscreants looted the said amount from the possession of the informant and fled away.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.79230 of 2023(3) dt.22-01-2024 2/3 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. The name of petitioner sprang up in this case on the basis of his self confessional statement. Moreover, the petitioner is languishing in judicial custody since 17.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused, namely, Amlesh Kumar has been granted bail vide order dated 20.12.2023, passed in Cr. Misc. No. 82735 of 2023 by 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 Shankarpur P.S. Case No. 110 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.79230 of 2023(3) dt.22-01-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisioanl Judicial Magistrate I, Madhepura.

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