Md. Arbaj @ Sahabaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7862 of 2024 Arising Out of PS. Case No.-101 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Md. Arbaj @ Sahabaj S/o Md. Tamil @ Md. Talim R/o vill-Lahona, P.SSour Bazar, Distt.-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2024 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 while the informant was returning to his home on his motorcycle bearing Reg. No. BR-38E-6379, in the meantime, four miscreants on two motorcycles intercepted him and snatched his motorcycle, mobile

Patna High Court CR. MISC. No.7862 of 2024(2) dt.17-02-2024 2/3 phone and cash Rs. 1500/- from the possession of informant and fled away.

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 confessional statement of co-accused Manish Kumar. Moreover, the petitioner is languishing in judicial custody since 05.10.2023. Similarly situated co-accused persons have been granted bail by co-ordinate Bench of this Court.

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.

Patna High Court CR. MISC. No.7862 of 2024(2) dt.17-02-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Murliganj P.S. Case No. 101 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 Chief Judicial Magistrate II, Madhepura.

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