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Patna High CourtCR. MISC./11930/2023allowed

Md. Ajad v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11930 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Md. Ajad S/O Md. Anvar R/O Village- Raparpura, P.S.- Kanti, DisttMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 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 connection with Kanti P.S. Case No. 564 of 2022 registered under sections 392 of the Indian Penal Code and later on Section 395 and 412 of the IPC was also added. Allegation against the 3-4 miscreants is that they snatched the key of the pick-up van on pistol point which was being driven by the informant. It is further alleged that they assaulted and pushed him away from the vehicle and thereafter, they fled from his vehicle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.11930 of 2023(2) dt.24-04-2023 2/2 in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely Rahul Kumar before the police. It is further submitted that neither the petitioner was apprehended on spot nor anything looted article has been recovered from his possession. It is also submitted that he has not been put on T.I.P. He has no concern with the other co-accused persons. Moreover, he is languishing in judicial custody since 02.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Kanti P.S. Case No. 564 of 2022 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, Muzaffarpur.

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