Sadam Sekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87193 of 2024 Arising Out of PS. Case No.-111 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Sadam Sekh S/O Hazi Shekh @ Hazi Shekh Nasir R/O Village- Barwa Tola, P.S- Bairganiya, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhaka (Pachpakri O.P.) P.S. Case No. 111 of 2023, instituted for the offences punishable under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that, while the informant was returning to his house, one unknown person intercepted the informant and snatched Rs. 55,000/- to Rs. 60,000/- from the informant and fled away. On protest, the informant was also assaulted by the unknown miscreant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.87193 of 2024(2) dt.07-01-2025 2/2 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of his self-confession made in another case. No recovery has been made from the possession of the petitioner The petitioner is in custody since 07.08.2024 and has got four criminal antecedents in which he is on bail in one case.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka (Pachpakri O.P.) P.S. Case No. 111 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T