Md. Amjad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15666 of 2024 Arising Out of PS. Case No.-797 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Md. Amjad son of Late Abdul Mannan Village- Naya Bhojpur Ps- Naya Bhojpur Dist- Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ara Nawada P.S. Case No. 797 of 2023 instituted for the offences under Sections 414, 420, 467, 468, 471, 120B/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on receipt of secret information, the police party reached at the place of occurrence and stopped a white Scorpio car from which coaccused Dharmendra Kumar and Vinod Kumar were apprehended. On query, the apprehended persons did not produce the papers of the Scorpio car.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.15666 of 2024(3) dt.10-04-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The complicity of the petitioner is on the confessional statement of co-accused Dharmendra Kumar. Except confession, there is nothing on record against the petitioner. The petitioner has also no concern with the seized vehicle. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since11.11.2023. Charge-sheet has been submitted in this case.

5. Learned counsel for the petitioner further submits that the co-accused Vinod Kumar has been granted bail by this Court vide order dated 01.04.2024 passed in Cr. Misc. No. 21787 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that several witnesses have supported the prosecution version.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent and the claim

Patna High Court CR. MISC. No.15666 of 2024(3) dt.10-04-2024 3/3 of parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ara Nawada P.S. Case No. 797 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T