Md. Arshad @ Shadab @ Arshad D v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15093 of 2023 Arising Out of PS. Case No.-865 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== MD. ARSHAD @ SHADAB @ ARSHAD D Son of Md. Akil R/v- Ishopur, P.S.- Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Session Trial No. 758 of 2022 arising out of Phulwarisharif P.S. Case No. 865 of 2021 dated 18.10.2021 registered for the offences punishable under sections 356 and 379 of the Indian Penal Code.

As per the prosecution case, an unknown miscreant boarded on motorcycle came and snatched golden chain from the neck of the informant and fled away.

Patna High Court CR. MISC. No.15093 of 2023(2) dt.10-05-2023 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the petitioner was made accused in this case only on the basis of criminal antecedents. The petitioner is also accused in eight other criminal cases and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Session Trial No. 758 of 2022 arising out of Phulwarisharif P.S. Case No. 865 of 2021 with the condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.15093 of 2023(2) dt.10-05-2023 3/3 cause, the bail bonds of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T