Shahjad Alam @ Mister v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48899 of 2022 Arising Out of PS. Case No.-45 Year-2020 Thana- DEHRI TOWN District- Rohtas ====================================================== SHAHJAD ALAM @ MISTER Son of Abdul Rajak Miyan @ Rajak Miyan Resident of Bishunpura, P.S. - Sasaram, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-12-2022 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. Heard learned counsel for the petitioner and learned A.P.P for the State through video-conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 366A and 363 of the Indian Penal Code. Later on, sections 376 and 120B read with section 34 of the Indian Penal Code and section 4 of the POCSO Act were added.

As per the prosecution case, when the informant reached his home, he found that his daughter was not there. He found a mobile in her room from which three numbers were

Patna High Court CR. MISC. No.48899 of 2022(2) dt.09-12-2022 2/3 dialled which were found unreachable.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim has deposed in her cross-examination that she did not identify the accused person and she has not stated the name of the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in 12 other criminal cases out of which in 5 cases the petitioner is on bail and the aforesaid 12 cases are not of similar nature as stated in para 3 of the bail petition. The petitioner is in custody since 18.08.2021.

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

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, Rohtas in connection with Dehri Town P.S. Case No. 45 of 2020.

Patna High Court CR. MISC. No.48899 of 2022(2) dt.09-12-2022 3/3 The application stands allowed.

(Chandra Prakash Singh, J) atul/ayush/- U T