Azad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26691 of 2021 Arising Out of PS. Case No.-708 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== AZAD ALAM SON OF MANJUR ALAM R/O VILLAGE- KARANPURA, P.S.- MANJHAGADH, DISTRICT- GOPALGANJ.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Shailendra Kumar Dwivedi, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 467, 468, 471 and other sections of the Indian Penal Code and sections 66 and 66(C) of the I.T. Act.

As per the prosecution case, it is stated that four named accused persons were caught and a total of Rs. 40,000/- in cash besides ATM card etc, were recovered from their possession. It is stated that on further enquiry they disclosed the name of other accused persons including the petitioner herein as being their gang leader and on a raid having been conducted in the house of the petitioner a sum of Rs. 34 lacs in cash was recovered.

Patna High Court CR. MISC. No.26691 of 2021(2) dt.29-11-2021 2/2 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Incriminating articles were recovered from the possession of accused Samshad Alam, Mintu Kumar, Mantu Kumar and Sonu Kumar who have all been enlarged on bail. So far as the allegation against this petitioner is concerned, the only material against him is the statement of a co-accused made before police. He is in custody since 17.10.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Majhauliya P.S. Case no. 708 of 2020 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 C.J.M, West Champaran at Bettiah.

(Partha Sarthy, J) Prakash/- U