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Patna High CourtCR. MISC./36657/2023bail granted

Md Altaf @ Altaf Raja v. The State Of Bihar

2023-07-07Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36657 of 2023 Arising Out of PS. Case No.-511 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== MD ALTAF @ ALTAF RAJA SON OF MD. SHAMIM @ SHAMEEM KHAN Resident of Village- Pattili Senduari, PS- Sadar Hajipur, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 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 Hajipur Sadar P.S. Case No. 511 of 2020 dated 2.9.2020 registered for the offence punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, three unknown miscreants are alleged to have looted about Rs. 49,925/- in cash, Tab and a biometric from the dicky of the motorcycle of the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.36657 of 2023(2) dt.07-07-2023 2/2 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has sprung up in the confessional statement of the coaccused, Sonu Kumar. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 3.3.2021 passed in Cr. Misc. No. 777 of 2021. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 16.2.2023.

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, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 511 of 2020.

The application stands allowed.

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