Patna High CourtCR. MISC./49357/2024bail granted

Md.Azad Rain @ Azad Rain v. The State Of Bihar

2024-07-24Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49357 of 2024 Arising Out of PS. Case No.-812 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Md.Azad Rain @ Azad Rain S/O Shafik @Shafik Rain @ Lale R/O Village Rajopatti P.S. Sitamarhi, Distt-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sitamarhi P.S. Case No. 812 of 2023, lodged on 22.10.2023 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 3 named accused persons including the present petitioner. The allegation against the present petitioner is that he has assaulted the informant and attacked with a knife upon the informant due to which he sustained injury and thereafter, snatched some articles from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is not

Patna High Court CR. MISC. No.49357 of 2024(2) dt.24-07-2024 2/3 clean and there are four criminal cases pending against him in which in all the cases, he is on bail. The petitioner is in custody since 25.01.2024 in the present case. Counsel further submits that the other co-accused person has been granted bail by this Court vide order dated 14.03.2024 passed in Cr. Misc. No.17779 of 2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only seven months after framing of charge as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Sitamarhi in connection with Sitamarhi P.S. Case No. 812 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(I)- Sitamarhi P.S. Case No. 644 of 2023.

(II)- Sitamarhi P.S. Case No. 925 of 2023.

(III)- Sitamarhi P.S. Case No. 1042 of 2021.

Patna High Court CR. MISC. No.49357 of 2024(2) dt.24-07-2024 3/3 (IV)- Sitamarhi P.S. Case No. 137 of 2022.

(Dr. Anshuman, J) Divyansh/- U T