Md. Azhar @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3307 of 2016 Arising Out of PS.Case No. -235 Year- 2014 Thana -ALAMGANJ District- PATNA ======================================================
1. Md. Azhar @ Guddu son of Sirajuddin Resident of Durukhi, P.S. Khajekalam, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Ram Anurag Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 The matter has been placed in view of the administrative order of Hon'ble the Acting Chief Justice dated 24.2.2016 since the co-ordinate bench which has earlier rejected the prayer of the petitioner for bail is not available due to medical exigencies.
Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 25.8.2014 in a case registered for the offences punishable under Section 394 of the Indian Penal Code.
The prosecution case is that the informant's mobile and cash were robbed leading to registration of case against three-four unknown. During investigation,
one mobile was recovered from the house of the petitioner though the petitioner was not present and claimed to be in custody in connection with other case.
During investigation the petitioner confessed his guilt and disclosed the fact that he robbed the mobile. The confession of petitioner is recorded in paragraph 95 of the case diary.
It is submitted by the learned counsel for the petitioner that the police maliciously implicated the petitioner in the instant case and thereafter the petitioner has been roped by the police in three other cases. The report of the learned ACJM, Patnacity dated 14.3.2016 reflects that no witness has been examined till date hence there is no likelihood of the trial being concluded in foreseeable future.
Considering the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Patnacity in connection with Alamganj P.S. Case No. 235 of 2014.
The learned court below shall be at liberty to
cancel the bail bonds of the petitioner in case the petitioner gets involved in serious offence or defaults without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U