Patna High CourtCR. MISC./43706/2023bail granted

Md. Waris v. The State Of Bihar

2023-07-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43706 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== MD. WARIS SON OF BALAL @ BALAL AHAMAD RESIDENT OF VILLAGE - PAINA, P.S. - CHAUSA, DISTRICT - MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Mumtaz Uddin For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-07-2023 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.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Chausa P.S. Case No. 33 of 2023 dated 04.02.2023 registered for the offences punishable under Sections 341, 323, 307, 379 and 392 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have brutally assaulted the informant and snatched Rs. 70,000/- and a mobile phone.

Patna High Court CR. MISC. No.43706 of 2023(2) dt.27-07-2023 2/2

5. 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 has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Madhepura in connection with Chausa P.S. Case No. 33 of 2023.

8. The application stands allowed.

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