Patna High CourtCR. MISC./52938/2024bail granted

Md. Javed @ Niyaj v. The State Of Bihar

2024-08-19Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52938 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Md. Javed @ Niyaj Son Md. Kamar Resident of Vill- Kasbe Ahar, P.S.- Tajpur, District- Samsatipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussamuddin Azad, Adv For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with N.H. Bangra P.S. Case No. 07 of 2023 dated 09.01.2023 registered for the offences punishable u/s 392 of the Indian Penal Code.

3. As per the prosecution case, three unknown miscreants are alleged to have looted the motorcycle of the informant on the point of arms.

4. 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

Patna High Court CR. MISC. No.52938 of 2024(2) dt.19-08-2024 2/2 co-accused Sudhanshu Kumar. No T.I.P has been conducted by the prosecution. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 06.02.2024.

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

6. Considering the aforesaid facts and circumstances of the case and the allegation levelled against the petitioner as well as the period of custody, the petitioner above-named, 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, Samastipur, in connection with N.H. Bangra P.S. Case No. 07 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically 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.

7. The application stands allowed.

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