Patna High CourtCR. MISC./50782/2023bail granted

Md. Azam @ Azama v. The State Of Bihar

2023-08-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50782 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- BABUBARHI District- Madhubani ====================================================== MD. AZAM @ AZAMA S/O MD. JAPHAR R/O VILLAGE- BHAKUA, P.S.- KHAJAULI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== 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 Babubarhi P.S. Case No. 225 of 2022 dated 28.09.2022 registered for the offences punishable u/ss 413, 414 read with section 34 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

4. As per the prosecution case, one country made pistol, Rs. 2,500/- in cash and three mobile phones 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

Patna High Court CR. MISC. No.50782 of 2023(2) dt.17-08-2023 2/2 this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is accused in three other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 29.09.2022.

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, Madhubani, in connection with Babubarhi P.S. Case No. 225 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) vikashkr/alokU T