Nabab Jaan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86328 of 2023 Arising Out of PS. Case No.-72 Year-2021 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Nabab Jaan, Son of Dil Hussain, Resident of Village - Jahlipatti, P.S. Ghoghardiah, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kumar Yadav, Advocate Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bhairavasthan P.S. Case No. 72 of 2021 for the offence registered under Section 394 of the Indian Penal Code.

3. As per the prosecution case, four unknown persons on two motorcycles intercepted the informant and assaulted him and snatched his motorcycle, mobile, purse containing Adhaar Card and cash of Rs. 2,200/-.

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. No any incriminating

Patna High Court CR. MISC. No.86328 of 2023(2) dt.23-01-2024 2/2 article has been recovered from possession of the petitioner. He has been made accused during course of investigation. Petitioner has two criminal antecedents, out of which he is on bail in one of the case. He is in custody since 22.09.2023. It is further submitted that similarly situated co-accused, namely Raj Kishor Kumar has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 14.07.2023 passed in Cr. Misc. No. 40640 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 Bhairavasthan P.S. Case No. 72 of 2021. (Sunil Dutta Mishra, J) rakhi/- U T