Md. Azhar Ali @ Ajhar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23882 of 2023 Arising Out of PS. Case No.-341 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== MD. AZHAR ALI @ AJHAR ALI Son of Sobhan Ali @ Md. Subhan Ali Resident of Village - Aurai Purvi, Ward No.- 10, P.S.- Puraini, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 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 Udakishunganj P.S. Case No. 341 of 2021 dated 20.11.2021 registered for the offences punishable u/s 394 of the Indian Penal Code and 27 of Arms Act.

As per the prosecution case, when the informant was returning to home after collection of cash of Rs. 36, 400/- from

Patna High Court CR. MISC. No.23882 of 2023(2) dt.23-05-2023 2/3 Clasan Bazar, meanwhile, three unknown miscreants intercepted him and snatched the collected cash on the point of pistol. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up on the self-confessional statement of the petitioner. No T.I.P. has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench vide order dated 19.05.2023 passed in Cr. Misc. No. 19647 of 2023. The petitioner is also accused in five other criminal cases in which he is on bail in three cases as stated in para 3 of the bail petition. The petitioner is in custody since 21.04.2022. 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, Madhepura in connection with Udakishunganj P.S.

Patna High Court CR. MISC. No.23882 of 2023(2) dt.23-05-2023 3/3 Case No. 341 of 2021.

The application stands allowed.

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