Md. Vicky @ Vicky @ Md. Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6304 of 2024 Arising Out of PS. Case No.-608 Year-2016 Thana- SHASTRINAGAR District- Patna ====================================================== Md. Vicky @ Vicky @ Md. Azad S/O Md. Sikandar R/O Samanpura, Raja Bazar, P.S- Shastri Nagar, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Shastri Nagar P.S Case No. 608 of 2016 registered for the offences punishable under Sections 302/328/34 and of the I.P.C.

3. As per allegation in the FIR, co-accused Sikander Khan being informant's Bhaisur along with his family members including this petitioner used to threaten to kill her husband namely Sitara Khan. Accused persons had also tried to set her house on fire and threatened with dire consequences.

Patna High Court CR. MISC. No.6304 of 2024(2) dt.16-02-2024 2/3

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner is innocent. It is also submitted that petitioner is in judicial custody since 27.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order it appears involvement of petitioner and other co-accused person in this case is on the basis of suspicion. In same nature of case other co-accused person already granted bail by the Co-ordinate Bench of this Court vide order 12.09.2023 in Cr. Misc. No. 33612 of 2023. Previously petitioner has already granted anticipatory bail but in time he has not surrendered or arrested within a period of four weeks as directed. Petitioner already surrendered before the concerned court. Other co-accused already granted anticipatory bail. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named

Patna High Court CR. MISC. No.6304 of 2024(2) dt.16-02-2024 3/3 petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM- IX, Patna in connection with Shastri Nagar P.S Case No. 608 of 2016.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T