Vazid Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8051 of 2024 Arising Out of PS. Case No.-321 Year-2023 Thana- AMAS District- Gaya ====================================================== Vazid Shah S/O Nasiruddin Shah Village- Shamshabad,Ps. Imamganj, Dist. Gaya.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2024 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 386, 387, 420, 504, 506/34 of the Indian Penal Code.

Prosecution case in nutshell is that while the son of informant was going in his Pickup van bearing Reg. No. BR-02W-4876, in the meantime, petitioner along with co-accused Rupesh Mistri, on a motorcycle, overtook and stopped the vehicle of informant's son and posing themselves as police staff threatened him and

Patna High Court CR. MISC. No.8051 of 2024(2) dt.20-02-2024 2/3 took Rs. 20,000/- in cash and 40,000/- through mobile phone. On hulla, nearby people assembled and petitioner was apprehended who disclosed the name of person who fled away as co-accused Rupesh Mistri.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. From the perusal of F.I.R. it appears that the money has been transferred in the account of co-accused Rupesh Mistri. Petitioner has neither made any demand nor he has received any single penny from the informant. There is no independent witness of the alleged seizure. Nothing incriminating has been recovered from the conscious possession of the petitioner. Moreover, the petitioner is languishing in judicial custody since 03.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Patna High Court CR. MISC. No.8051 of 2024(2) dt.20-02-2024 3/3 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 Amas P.S. Case No. 321 of 2023 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 Judicial Magistrate 1st Class, Sherghati, Gaya.

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