Patna High CourtCR. MISC./48892/2023bail granted

Md. Irfan Alam v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48892 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== MD. IRFAN ALAM Son of Maqbul Resident of village - Killi Mohanpur, P.S. - Muffasil, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

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

1. 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 on resumption of physical mode.

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 Cheriya Bariyarpur P.S. Case No. 58 of 2023 dated 17.03.2023 registered for the offences punishable u/ss 399 and 402 of the Indian Penal Code and Section 25(1-b)a/26(ii)/35 of the Arms Act.

4. As per the prosecution case, five unknown miscreants were gathered for making preparation to commit dacoity but they were apprehended by the police personnel. On

Patna High Court CR. MISC. No.48892 of 2023(2) dt.09-08-2023 2/2 search, one live cartridge and one mobile phone were recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.03.2023.

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, Manjhaul in connection with Cheriya Bariyarpur P.S. Case No. 58 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T