Patna High CourtCR. MISC./14047/2023bail granted

Azam Khan @ Azam @ Md. Aajam v. The State Of Bihar

2023-05-19Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14047 of 2023 Arising Out of PS. Case No.-80 Year-2019 Thana- ARARIA District- Araria ====================================================== AZAM KHAN @ AZAM @ MD. AAJAM Son of Jiyaul Mistry R/VRahimpur, Khabdah, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Araria P.S. Case No. 80 of 2019, registered for the offences punishable under Sections 324, 307, 354, 452, 379/34 of Indian Penal Code and Section 27 of Arms Act. The learned counsel for the petitioner has submitted that the petitioner is under custody since 30.07.2022 for the allegation that he fired which hit the informant who is his wife. But, this fact has not been disclosed in the First Information Report that the injured is his wife. The couple has compromised the case and xerox copy of compromise petition has been annexed with the record.

Patna High Court CR. MISC. No.14047 of 2023(2) dt.19-05-2023 2/2 Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 80 of 2019, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available on each and every date of trial till framing of charge. In case of failure on two consecutive dates without any valid reason, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Sudha/Sonali U T