Md. Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2319 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- NOORSARAI District- Nalanda ====================================================== Md. Israil S/O Md. Jalaluddin Village- Andhana, Ps. Noorsarai, Dist. Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== 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 is languishing in custody in a case registered for the offences punishable under Section 397 of the Indian Penal Code.

As per the prosecution case, the F.I.R has been lodged against five unknown accused persons against whom there is an allegation that they have committed dacoity and looted the battery of three wheelers as well as they have snatched the mobile phone and cash from the informant.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.2319 of 2024(2) dt.29-01-2024 2/3 petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The petitioner has been roped in the present case only on the self confession which has no evidentiary value in the eye of law. Moreover, nothing has been recovered from the conscious possession of the petitioner and the petitioner has still not been put on T.I.P. The petitioner is languishing in custody since 04.07.2023. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 24.01.2024 passed in Cr. Misc. No. 1757 of 2024. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.2319 of 2024(2) dt.29-01-2024 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Nalanda at Biharsharif in connection with Noorsarai P.S. Case No. 207 of 2023.

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