Md. Asraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34126 of 2024 Arising Out of PS. Case No.-418 Year-2023 Thana- DAGARUA District- Purnia ====================================================== Md. Asraf Son Of Md. Mohid Resident Of Village- Hasanganj, Mananpur, Ward No. 06 Ps- Hasanganj, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dagarua P.S. Case No. 418 of 2023, instituted for the offences punishable under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, accused persons including the petitioner have hatched conspiracy against the petitioner on the pretext of doubling the money and cheated an amount to the tune of Rs. 20 lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. It is further submitted that the matter in between the informant and

Patna High Court CR. MISC. No.34126 of 2024(2) dt.02-05-2024 2/2 the petitioner is amicably settled outside the Court and all the negotiable amount has been handed over to the informant as such all the arose disputes have been resolved in between the parties.. The petitioner is in custody since 09.12.2023 and has got three criminal antecedents in which the petitioner is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 18.04.2024 passed in Cr. Misc. No. 27581 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dagarua P.S. Case No. 418 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T