Patna High CourtCR. MISC./84835/2023allowed

Md. Intesar Ahmad @ Intesar v. The State Of Bihar

2024-01-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84835 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== Md. Intesar Ahmad @ Intesar Son of Md. Jaan Resident of Village- Taraspur Ward No. 02, P.S -Dalsing Sarai, District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Sinha, Advocate For the Opposite Party/s :

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

2. The petitioner seeks regular bail in connection with Khanpur P.S. Case No.231 of 2023 registered under Section 392 of the I.P.C.

3. It is alleged that three unknown miscreants entered the house of the informant and on the point of pistol, took away Rs.3.5 lacs from his mother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The F.I.R. has been lodged against unknown and the name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused Md. Azaz in which coaccused has stated that the vehicle of the petitioner was used in

Patna High Court CR. MISC. No.84835 of 2023(2) dt.22-01-2024 2/2 committing the alleged crime. Nothing has been recovered from possession of the petitioner. No Test Identification Parade has been conducted in this case and the vehicle in question was taken by the co-accused being the neighbour. The petitioner has no criminal antecedent and he is in custody since 07.09.2023.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions advanced on behalf of the parties, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Khanpur P.S. Case No.231 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T