Armaan Hasami @ Armaan Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.50510 of 2022 Arising Out of PS. Case No.-404 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== ARMAAN HASAMI @ ARMAAN MIYA S/o Nasim Hasami @ Nasim Miya R/o village- Bank, P.S.- Akorhi Gola, District- Rohtas at Sasaram ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-12-2022 Learned counsel for the petitioner undertakes to remove the SR defects by 16th January, 2023.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Bikramganj P.S. Case No. 404 of 2019 registered for the offences punishable under Section 394 of the Indian Penal Code. He is in custody since 23.07.2021 having eight criminal antecedents as stated in paragraph '3' of the application.
As per the prosecution story, the informant alleged that he was working with M/s Shankar Salt Suppply Nasriganj and his owner has a wholesale business of salt, while he was returning after recovering the borrowed money of about Rs. Two
Patna High Court CR. MISC. No.50510 of 2022(2) dt.23-12-2022 2/3 Lakhs from different retail traders and came near tekdi bridge under Bikramganj Police Station, four people on two motorcycles overtaken his bike and pushed him to the side of road and started beating him, snatched his bag and fled away towards Hasan Bazar.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that petitioner has been taken on remand on the basis of confessional statement of the co-accused and he has not been put on Test Identification Parade, however he is in custody. Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Having regard to the facts and circumstances that in this case petitioner has been taken on remand on the basis of confessional statement of the co-accused, the petitioner has been falsely implicated, there is no recovery of looted article from the possession of the petitioner and till date he has not been put on Test Identification Parade, the charge-sheet has been filed against the petitioner long back on 19.09.2021 and the petitioner is in custody for about one year five months approximately in connection with this case whereas in all the other cases he has been granted bail, therefore, this Court directs release of the
Patna High Court CR. MISC. No.50510 of 2022(2) dt.23-12-2022 3/3 petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 404 of 2019, subject to the condition as laid down under Section 437 (3) Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Certified copy of this order shall be made available only after removal of the defects.
(Rajeev Ranjan Prasad, J) Rajeev/- U T