Md Sameer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86561 of 2023 Arising Out of PS. Case No.-128 Year-2021 Thana- BARAUNI District- Begusarai ====================================================== Md Sameer son of Md Farukh Ali village- Muradabad, Rampur Khod, P.S.- Rampur, P.S.- Rampur, Ditst.- Muradabad, (Utter Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail registered under sections 392, 397, 414, 465, 471 of the Indian Penal Code.

As per FIR, the informant alleged that co-accused persons and some unknown miscreants armed with deadly weapons came at his shop and snatched his motorcycle, cash Rs. 1200/- mobile and other articles and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person. Nothing

Patna High Court CR. MISC. No.86561 of 2023(2) dt.12-01-2024 2/2 looted article has been recovered from the conscious possession of the petitioner. It is further submitted that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 20.12.2023 passed in Cr. Misc. No. 76919 of 2023. Moreover, the petitioner is languishing in judicial custody since 21.06.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Barauni Chakia O.P. P.S. Case No. 128 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Begusarai.

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