Azam @ Md. Azam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41162 of 2020 Arising Out of PS. Case No.-600 Year-2019 Thana- ARARIA District- Araria ====================================================== AZAM @ MD. AZAM HANEEF ANSARI R/O VILLAGE KHARAIYA BASTI, WARD NO. 11, P. S. and District-ARARIA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Araria P.S. Case no. 600 of 2019 registered under section 392 of the Indian Penal Code. As per allegation in the FIR, the motorcycle of the informant was taken away by the mechanic of the service centre for a test drive. It is stated that he returned after some time and disclosed that three unknown persons, on the point of knife, had forcibly taken away the motorcycle from him.
It is submitted by learned counsel for the petitioner that the FIR was registered against three unknown persons. Referring to the order dated 29.8.2020 of the learned Court below rejecting the prayer for bail of the petitioner, it is submitted that the material which has transpired in course of investigation, has been dealt with in detail in the said order.
Patna High Court CR. MISC. No.41162 of 2020(3) dt.19-03-2021 2/2 From perusal of the same, it would transpire that the name of the petitioner has come in the confessional statement of coaccused Rahul Kumar @ Rahul Yadav who has himself been enlarged on bail vide order dated 4.6.2020 passed in Cr. Misc. no. 18766 of 2020. The petitioner is in custody since more than a year i.e. 23.1.2020. Chargesheet has been submitted in the case and he has still not been put on T.I. parade. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration that the chargesheet has been submitted in the case, petitioner has not been put on T.I. parade and grant of bail to the co-accused, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Araria P.S. Case no. 600 of 2019 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.
(Partha Sarthy, J) sushma/- U