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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24635 of 2023 Arising Out of PS. Case No.-261 Year-2014 Thana- ALAMGANJ District- Patna ====================================================== Md. Azam Khan @ Md. Azam Son Of Md. Qiyum Khan @ Abdul Qaiyum Khan Resident Of Village- Pirbaish Market, Ps- Alamganj, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable u/s 147, 148, 323, 325, 307, 353, 504, 506, 392 of IPC and later on 395, 397 of IPC. As per FIR, the allegation against the petitioner along with co-accused persons is that they assaulted the informant and his associate due to one motorcycle colluded with a truck and two bike riders got serious injuries. It is further alleged that accused persons also looted several articles and damaged the said truck.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was merely a member of mob due to which he has

Patna High Court CR. MISC. No.24635 of 2023(2) dt.22-05-2023 2/2 falsely been implicated in this case. There is no specific allegation of assaulting and committing theft attributed against the petitioner rather general and omnibus allegation attributed against him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 15.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Alamganj P.S. Case No. 261 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IVth at Patna. (Sunil Kumar Panwar, J) Manishkumar/- U T