Patna High CourtCR. MISC./50937/2023bail granted

Md Aasif v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50937 of 2023 Arising Out of PS. Case No.-1065 Year-2022 Thana- DANAPUR District- Patna ====================================================== MD AASIF S/O MD. SAUKAT ALI R/O VILLAGE/ MOHALLAMAHENDRU POST OFFICE SHAHGANJ MOHALLA, PS. SULTANGANJ, DIST. PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023

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 Danapur P.S. Case No. 1065 of 2022 dated 03.10.2022 registered for the offences punishable u/ss 457 and 380 of the Indian Penal Code.

4. As per the prosecution case, unknown miscreants are alleged to have committed theft in the flat of the informant.

Patna High Court CR. MISC. No.50937 of 2023(2) dt.17-08-2023 2/3

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 is not named in the FIR. The name of the petitioner has surfaced from the confessional statement of the co-accused Md. Chand. The petitioner is accused in eight other criminal cases out of which he is on bail in seven criminal cases. The petitioner is in custody since 19.05.2023.

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, Danapur, Patna in connection with Danapur P.S. Case No. 1065 of 2022 with the condition:- (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

Patna High Court CR. MISC. No.50937 of 2023(2) dt.17-08-2023 3/3 bail bonds of the petitioner are liable to be cancelled.

8. The application stands allowed.

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