Mohid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12684 of 2024 Arising Out of PS. Case No.-816 Year-2022 Thana- ARARIA District- Araria ====================================================== Mohid Son of Late Taslim Resident of Village- Bochi, P.S.- Araria (Bairgachi), District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nadimul Hasan, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 28-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Araria P.S. Case No.-816 of 2022 registered for the offence under Sections 395 and 397 of the Indian Penal Code.

3. As per the FIR, two miscreants looted the informant at gun point and also assaulted him. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case. He next submits that his name figured on the basis of confessional statement of co-accused Hasim Alam. He next submits that similarly situated co-accused persons have already been granted bail by different Benches of this Court passed in Cr. Misc. Nos. 24142 of 2023 and 55423 of 2023, petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since since 15.12.2023.

Patna High Court CR. MISC. No.12684 of 2024(2) dt.28-02-2024 2/2 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and also considering that similarly situated co-accused persons have already been granted bail, let the petitioner, above named, is directed to be released on bail after framing of the charge in connection with Araria P.S. Case No.816 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria, District- Araria.

7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T