Patna High CourtCR. MISC./45543/2023bail granted

Md. Shahnawaz Alam @ Sonu v. The State Of Bihar

2023-09-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45543 of 2023 Arising Out of PS. Case No.-207 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== MD. SHAHNAWAZ ALAM @ SONU S/O MD. ASLAM AZAD @ MD. ASLAM ANSARI R/O Village- Udaipur, P.S- Rosera, Distt.- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhimanyu Sharma For the Opposite Party/s :

Mr. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 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.

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 Khagaria P.S. Case No. 207 of 2022 dated 10.03.2022 registered for the offences punishable u/ss 395 and 397 of the Indian Penal Code.

4. As per the prosecution case, six unknown miscreants committed dacoity in Bandhan Bank and looted Rs. 40,72,799/- and mobile phones of the staffs on the point of pistol and they fled away.

Patna High Court CR. MISC. No.45543 of 2023(3) dt.08-09-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused Sumit Kumar and Md. Khurshid. The petitioner was remanded in this case from another case. Nothing has been recovered from the conscious possession of the petitioner. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 05.05.2023 passed in Cr. Misc. No. 13411 of 2023. The petitioner has also accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 10.02.2023.

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, Khagaria in connection with Khagaria P.S. Case No. 207 of 2022, with the condition/s:- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.45543 of 2023(3) dt.08-09-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

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