Md Azim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1062 of 2021 Arising Out of PS. Case No.-199 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== MD AZIM aged about 27 years Son of Md. Abbas Resident of Village - Tikulia, P.S.- Kumarkhand, Distt.- Madhepura ... Petitioner

Versus

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

For the Petitioner :

Mr.Uday Chand Prasad, Advocate For the Opposite Party :

Mr. PK Pandey, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 392/34 of the Indian Penal Code.

As per the prosecution case, on 19.10.2019 while the informant was returning to his house by an Auto rickshaw, three unknown miscreants riding on a motorcycle intercepted the Auto rickshaw and on the gun point they looted away his bag containing cash Rs. 48,000/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He is not named in the FIR and his name has come in the case on the basis of confessional statement of co-accused Nilesh Kumar Gulshan. Besides this, no incriminating material

Patna High Court CR. MISC. No.1062 of 2021(3) dt.29-04-2021 2/3 has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. In paragraph 3 of the bail petition, it is submitted that the petitioner is accused in seven criminal cases and out of them he is on bail in four cases. Petitioner is in custody since 31.1.2020.

Considering the facts and circumstances of the case and the fact that no incriminating material has been recovered from the conscious possession of the petitioner and Test Identification Parade has not been carried out till date and the petitioner is in custody since 31.1.2020, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Madhepura in Kumarkhand Police Station Case No. 199 of 2019/CIS No. 1827 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the

Patna High Court CR. MISC. No.1062 of 2021(3) dt.29-04-2021 3/3 Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T