Md. Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2345 of 2021 Arising Out of PS. Case No.-410 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== MD. AZAM Son of Shamshul Resident of Village - Shaqhbajganj, Ward No.8, P.S.- Narpatganj, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Veena Kumari Jaiswal For the Opposite Party/s :

Mr.Ram Chandra Shani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Narpatganj P.S. Case No.410 of 2020 registered for the offence punishable under Sections 420, 406 and 120 'B' of the Indian Penal Code. It is a case where this petitioner and others have tricked the informant in the name of selling land and took away his money bag of Rs.25 Lacs, ATM card and purse containing money of Ramesh Chandra.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. Petitioner is not named in the FIR, even the alleged co-accused in the case whose self statement has been recorded by the police has not

Patna High Court CR. MISC. No.2345 of 2021(3) dt.12-04-2021 2/2 named this petitioner for commission of the alleged occurrence. No independent witness has taken name of the petitioner and he was arrested merely on suspicion. No incriminating article has been recovered from his conscious physical possession. The petitioner has no criminal antecedent and has been languishing in custody since 25.06.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below, where the case is pending, in connection with Narpatganj P.S. Case No.410 of 2020.

Learned court below is directed to verify the criminal antecedent of the petitioner before accepting the bail bonds. (Anjani Kumar Sharan, J) pallavi/- U T