Md. Dulare v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81822 of 2023 Arising Out of PS. Case No.-333 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Md. Dulare Son Of Md. Kayum R/O Village- Raghunathpur Ward No.14, P.S.- Bhargama, District- Araria Shekhopur, P.S.- Warisnagar (Mathurapur O.P.), District- Samastipur, Bihar- 848101 ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 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 section 395 of the Indian Penal Code.
3. As per prosecution case, FIR has been lodged against 8-10 unknown accused persons against whom, there is an allegation of dacoity in the house of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He was arrested in another case bearing Samastipur P.s. Case No. 85 of 2023 in which his confession was made and on the basis of which, he has been
Patna High Court CR. MISC. No.81822 of 2023(3) dt.19-03-2024 2/2 remanded in this case. Neither the petitioner was put on TIP parade nor any incriminating article has been recovered from his conscious possession. It is also submitted that some incriminating articles have been recovered from hosue of coaccused Md. Ekramul who was already enlarged on bail by coco-ordinate Bench of this Court vide order dt. 22.2.2024 passed in Cr. Misc. No. 11211 of 2024. It is further submitted that the petitioner is languishing in judicial custody since 12.5.2023.
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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur Town P.S. Case No. 333 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur. (Sunil Kumar Panwar, J) Amandeep/- U T