Mohammad Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37408 of 2022 Arising Out of PS. Case No.-8 Year-2020 Thana- AMAS District- Gaya ====================================================== MOHAMMAD AZAD SON OF MOHAMMAD AKBAR R/O VILLAGETIKAITI, P.S.- BARACHATTI, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-09-2022 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 a case registered u/s 392 and 411 of the Indian Penal Code.

As per the prosecution case, a pick-up van loaded with Til of the informant was intercepted by some miscreants sitting in the scorpio vehicle and out of them, one of the accused persons boarded on the scorpio vehicle entered the pick-up van of the informant and left the informant at a lonely place and fled away with the said pick-up van and mobile phone. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.37408 of 2022(2) dt.29-09-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. and the name of the petitioner has sprung up in the confessional statement of the co-accused persons Md. Sajid Ansari and Md. Mujaffar Ansari. No T.I.P. has been conducted by the prosecution. The other co-accused person has already been granted bail by a Co-ordinate Bench of this Court Vide order dated 21.03.2022 passed in Cr. Misc. No. 35904 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.03.2022. 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 detention, 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, Sherghati, District- Gaya in connection with Amas P.S. Case No. 08 of 2020.

The application stands allowed.

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