Md. Ejaj @ Ezaz @ Md. Ajaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36562 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== Md. Ejaj @ Ezaz @ Md. Ajaz S/O Late Qzair Alam @ Md. Uzair R/O Village. Badarbanna, PS. Bahera, Dist. Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 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 under Sections 147, 341, 323, 308 and 379 of the Indian Penal Code.

As per prosecution case, the allegation against the named accused persons including the petitioner is that they have assaulted the informant by means of Khanti, iron rod, iron chain and lathi due to which he sustained injury. It is further alleged that accused persons also snatched mobile, golden chain and cash of Rs. 20,000/- from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. As per F.I.R. there is no specific allegation of assault against the petitioner and during

Patna High Court CR. MISC. No.36562 of 2023(2) dt.03-07-2023 2/2 investigation no consistent material has come to show the complicity of the petitioner in the alleged offence. It is further submitted that the petitioner is languishing in judicial custody since 24.12.2022.

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 period of 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 Bahera P.S. Case No. 384 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate 1st, Benipur, Darbhanga.

(Sunil Kumar Panwar, J) lata/- U T