Mohammad Ajad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5849 of 2023 Arising Out of PS. Case No.-75 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== MOHAMMAD AJAD Son of Md. Nasim R/o Mohalla- Nai Bazar, P.SBhagwan Bazar, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Srivastva, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-06-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 17.06.2022 in connection with Bhagwan Bazar P.S. Case No. 75/2022, F.I.R. dated 22.02.2022, for the offences punishable under Sections 302, 120(B) and 34 of the IPC & Section 27 of the Arms Act.

According to prosecution case, one Meraj Ahmad called the son of the informant on telephone to take him Rs. 50,000/- and thereafter the son of the informant went for taking money but the son of the informant did not return till late night and in the morning the informant was informed on telephone that her son has been killed by gun shot and his dead boy is lying in the boundary of one Mahmood Alam. Thereafter the

Patna High Court CR. MISC. No.5849 of 2023(3) dt.21-06-2023 2/3 informant along with her husband went there and saw the dead body of the deceased.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation on the basis of restatement of the informant. He further submits that except suspicion, no cogent material has come during investigation to connect the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 17.06.2022.

Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 75/2022, subject to the following conditions:-

Patna High Court CR. MISC. No.5849 of 2023(3) dt.21-06-2023 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T