Patna High CourtCR. MISC./39583/2023bail granted

Ajahar Ali @ Mohammad Ajhar Ali v. The State Of Bihar

2023-07-12Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39583 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- PRANPUR District- Katihar ====================================================== Ajahar Ali @ Mohammad Ajhar Ali Son Of Late Israil Resident Of Village - Gunitola, P.S. - Pranpur, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 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 S.Tr. No. 266/ 2023 (arising out of Pranpur) P.S. Case No. 258 of 2022 dated 30.11.2022 registered for the offences punishable u/s 394 and 397 of the Indian Penal Code and Sections 3 / 4 Explosive Substance Act. As per the prosecution case, 8-10 unknown miscreants holding weapons entered the house of the informant and assaulted him on the head with iron rod and looted golden chain,

Patna High Court CR. MISC. No.39583 of 2023(2) dt.12-07-2023 2/2 silver jewelry, Rs, 30,000/- and other documents. Learned counsel for the petitioner has submitted that 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. The name of the petitioner has sprung up in the confessional statement of the co-accused Basiruddin. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 16.01.2023 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, Kathihar in connection with S.Tr. No. 266/ 2023 (arising out of Pranpur) P.S. Case No. 258 of 2022. The application stands allowed.

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