Md. Azmat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20900 of 2024 Arising Out of PS. Case No.-336 Year-2023 Thana- SARAI RANJAN District- Samastipur ====================================================== Md. Azmat Son Of Md. Parwez Alam @ Parwez Resident Of Village - Rahimtola, Chandhaur, P.S. - Ujiyarpur, District - Samastipur - 848101 ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sarairanjan P.S. Case No. 336/2023 (G. R. No. 4066/2023) lodged on 03.12.2023 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against unknown accused persons with an allegation of committing robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Neither any incriminating article has been recovered from the possession of the petitioner nor the petitioner has been put on the Test Identification Parade. The petitioner has not been
Patna High Court CR. MISC. No.20900 of 2024(2) dt.02-04-2024 2/3 apprehended by the police rather, he has been remanded in the present case on 17.01.2024. The petitioner is accused in one more criminal case, but in that case, he has been granted bail.
5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the antecedent of the petitioner is not clean.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be released on bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
Patna High Court CR. MISC. No.20900 of 2024(2) dt.02-04-2024 3/3 (iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Ashwini/- U T