← Library
Patna High CourtCR. MISC./58722/2021allowed

Rauful Azam @ Raiful Azam v. The State Of Bihar

2021-10-27Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58722 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.

RAUFUL AZAM @ RAIFUL AZAM S/o Late Abdul Razzak R/o villageGuabari, P.S.- Kundwa Chainpur, District- East Champaran 2.

Shariful Azam S/o Late Abdul Razzak R/o village- Guabari, P.S.- Kundwa Chainpur, District- East Champaran 3.

Ferakul Azam S/o Rauful Azam @ Raiful Azam R/o village- Guabari, P.S.- Kundwa Chainpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP For the Informant :

Mr.Prateek Tandon, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-10-2021 Heard the parties.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench.

Vide order dated 07.04.2021 passed in Cr. Misc. No.982 of 2021, the petitioners named above, were enlarged on regular bail with a direction to the learned trial court to verify the criminal antecedent of the petitioners.

Patna High Court CR. MISC. No.58722 of 2021(2) dt.27-10-2021 2/3 During verification of the same, it was found that these petitioners have criminal antecedent, as such, the bail bonds of these petitioners have not been accepted.

Thereafter, a modification application was filed vide Cr. Misc.No. 44793 of 2021 for modification of the said order of bail but the same was also rejected vide order dated 18.08.2021 on the ground of suppression of material fact of the criminal antecedent of the petitioners.

Now, the instant bail application has been filed on behalf of the petitioners named above, who have been made accused in a case registered u/s 147, 148, 149, 323, 324, 307, 302, 504, 506 of the IPC and section 27 of Arms Act. It is submitted by learned counsel for the petitioners that petitioner no.1 and 3 have one criminal antecedent each and petitioner no.2 has two criminal antecedents. This fact is also mentioned in para-3 (wrongly typed as 4) of the bail application.

Considering the same, the petitioners named above are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned XXth Additional Sessions Judge, East Champaran,

Patna High Court CR. MISC. No.58722 of 2021(2) dt.27-10-2021 3/3 Motihari, in connection with S.Tr. No.212 of 2020 (CIS No.212/2020), arising out of Kundwa Chainpur P.S. Case No.105 of 2020.

(Anjani Kumar Sharan, J) pallavi/- U T