Md. Aamir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84730 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Md. Aamir S/O Abdus Subhan @ Md. Abdus Subhan R/O MohallaMoazzamchak, P.S- Habibpur, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md.Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Mojahidpur P.S. Case No. 302 of 2022 for the offence registered under Section 392 of the Indian Penal Code.

3. As per the prosecution case, when labourers were returning after completing daily works under the project for clean Ganga, 3-4 unknown miscreants came near the tractor armed with weapon and assaulted the workers and snatched cash of Rs. 2,500/-, four mobile phones and other articles and damaged the tractor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Petitioner is not named in the F.I.R. His name has been

Patna High Court CR. MISC. No.84730 of 2023(2) dt.22-01-2024 2/2 surfaced in the confessional statement of co-accused. He was not arrested on the spot. Nothing incriminating has been recovered from possession of the petitioner. Petitioner has three criminal antecedents, in which he is on bail. He is in custody since 20.07.2023. It is further submitted that similarly situated co-accused, namely, Md. Badal has been granted bail by a Co-ordinate Bench of this Court, vide order dated 18.05.2023 passed in Cr. Misc. No. 21015 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Mojahidpur P.S. Case No. 302 of 2022. (Sunil Dutta Mishra, J) rakhi/- U T