Samsher Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87592 of 2024 Arising Out of PS. Case No.-109 Year-2024 Thana- JIRADEI District- Siwan ====================================================== Samsher Ali S/O Ramjan Ali Village- Jamapur PS- Jiradei and Distt- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Nand Poddar, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jiradei P.S. Case No. 109 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, four unknown miscreants intercepted the informant, snatched away his mobile phone on the point of pistol and transferred Rs. 98,000/- from his Paytm UPI.

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

Patna High Court CR. MISC. No.87592 of 2024(2) dt.08-01-2025 2/2 the FIR. The petitioner has been implicated in this case on the basis of suspicion and the police recorded his confessional statement and the same has got no evidentiary value. No T.I. parade has been conducted in this case. The petitioner is in custody since 08.08.2024 and has got no criminal antecedent.

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 Jiradei P.S. Case No. 109 of 2024.

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