Md. Aizaze @ Md. Ajaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22768 of 2019 Arising Out of P.S. Case No.-95 Year-2018 Thana- DEWARIA District- Muzaffarpur ====================================================== MD. AIZAZE @ MD. AJAJ, Son of Md. Ezhare, aged about 18 years, Resident of Village- Jagarnathpur, P.S.- Paroo, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ravi Ranjan, Advocate For the Opposite Party :

Mr.Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 395 of the Indian Penal Code.

As per the FIR, eight unknown persons armed with different weapons, entered into the showroom and looted Rs. 86,700/- cash and other ornaments and Rs. 4,000/- from the customer and also snatched three mobile and fled away. It is submitted on behalf of the petitioner that petitioner is not named in the FIR and during course of investigation co-accused Mukesh Sahani has named this petitioner. Petitioner has got no criminal antecedent. It is further submitted that the petitioner does not live at the place of

Patna High Court CR. MISC. No.22768 of 2019(3) dt.10-07-2019 2/2 occurrence rather he is living in Kolkata at the time of occurrence. He further submits that similarly situated coaccused has been granted regular bail by a coordinate Bench of this Court in Cr.Misc.No.76930 of 2018 and nothing has been recovered from the conscious possession of the petitioner. Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 learned Judicial MagistrateIst Class, Muzaffarpur/successor Court in connection with Deoriya P.S.Case No.

95 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T