Md. Jiyaul @ Jiyaul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82089 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- BAKHARI District- Begusarai ====================================================== Md. Jiyaul @ Jiyaul Son of Md. Sattar Alam Resident of Village - Bakhri Ismail Nagar, Police Station - Bakhri, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 section 392 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 of the Arms Act.

3. As per FIR, the allegation against three unknown miscreants is that they boarded on one motorcycle came and upon pistol point snatched away cash bag in which Rs. 1,35,000 cash was kept.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.82089 of 2023(2) dt.19-12-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Neither the petitioner was put on TIP nor any looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 04.12.2023 passed in Cr. Misc. No. 76948 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 02.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bakhri P.S. Case No. 201 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.82089 of 2023(2) dt.19-12-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Begusarai. (Sunil Kumar Panwar, J) manishkumar/- U