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Patna High CourtCR. MISC./1734/2024allowed

Md. Javed @ Niyaj v. The State Of Bihar

2024-01-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1734 of 2024 Arising Out of PS. Case No.-31 Year-2023 Thana- PUSA District- Samastipur ====================================================== Md. Javed @ Niyaj Son Of Md. Kamar Village- Kasbe Ahar, Ps. Tajpur, Dist. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Hussamuddin Azad For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 392 of the Indian Penal Code.

The prosecution case in nutshell is that four miscreants entered into the bank and on the point of pistol, took staffs and customers under possession. It is further alleged that they forcefully gold the bolt room open and looted Rs. 10,72,445/- and also took CCTV and run away.

Patna High Court CR. MISC. No.1734 of 2024(2) dt.29-01-2024 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on the basis of self confessional statement. Moreover, the petitioner is languishing in judicial custody since 26.06.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Pusa P.S. Case No. 31 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.1734 of 2024(2) dt.29-01-2024 3/3 the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T