Patna High CourtCR. MISC./85323/2023allowed

Md. Zulfekar @ Md. Zulfikur @ Md. Zulfakar v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85323 of 2023 Arising Out of PS. Case No.-149 Year-2023 Thana- BARAHAT District- Banka ====================================================== Md. Zulfekar @ Md. Zulfikur @ Md. Zulfakar Son of Md. Sahabuddin @ Sabuddin Resident Of Village - Kharahara, P.S. - Barahat, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 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.

3. The prosecution case, in brief, is that while the informant was going to Dumka by his motorcycle, on the way three unknown miscreants intercepted and snatched his mobile, ATM Card, cash of Rs. 2,000/- and motorcycle bearing Reg. No. JH17V-4702.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He was apprehended on the basis of suspicion from whose possession, as alleged one Vivo

Patna High Court CR. MISC. No.85323 of 2023(2) dt.15-01-2024 2/2 mobile was recovered. The petitioner has not been put on TI Parade. He has falsely been made an accused in this case. He has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 17.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Barahat P.S. Case No. 149 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Banka. (Sunil Kumar Panwar, J) Amandeep/- U T