Abdul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87288 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Abdul Rahman S/o Harun Dewan R/o vill - Shivganj, ward no. 7, P.S. - Shikarpur, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachida Nand Rai, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Lauriya P.S. Case No. 277 of 2024 instituted for the offence under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in short is that when the informant was going with his goods, he was accosted with four unknown miscreants, who have looted his 42 bags of Pan Masala which was loaded in the truck.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-08-2024. Petitioner bears three criminal antecedents.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.87288 of 2024(2) dt.16-12-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. Nothing has been recovered from the possession of the petitioner. It is next submitted that petitioner was not put on T.I. Parade. There is no compliance of Section 103 of the BNSS, 2023. Other coaccused has been granted bail by this Court vide order dated 2211-2024, passed in Cr. Misc. No. 81985 of 2024. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, claim based on parity and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lauriya P.S. Case No. 277 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.87288 of 2024(2) dt.16-12-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T