Md. Dulare v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83040 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- ANGARGHAT District- Samastipur ====================================================== MD. DULARE S/O MD. KAYUM R/O VILLAGE- 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, Advocate For the Opposite Party/s :
Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Angarghat P.S. Case no.67 of 2022 registered under section 392 of the Indian Penal Code.
3. As per the prosecution case, the informant states that two accused persons on a motorcycle, on the point of pistol looted and dispossessed the informant of Rs.7.2 lakhs in cash, his vehicle besides other articles as stated in the FIR.
4. It is submitted by learned counsel for the petitioner that the FIR was registered against two unknown. Name of the petitioner transpired in course of investigation. No incriminating article has been recovered from his possession.
Patna High Court CR. MISC. No.83040 of 2023(2) dt.10-01-2024 2/2 The prosecution is solely relying on the confessional statement of the petitioner as also one coaccused made before the police. Further reliance is being placed on the CDR and the mobile location of the accused. The petitioner has not been put on T.I. parade. He is in custody since 18.5.2023 and chargesheet has been submitted in the case.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner being in custody for about 7 months since 18.5.2023 and chargesheet having been submitted in the case without putting the petitioner on T.I. parade, the Court directs the petitioner to be enlarged on bail in connection with Angarghat P.S. Case no. 67 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Dalsinghsarai, Samastipur. (Partha Sarthy, J) Bibhash/- U