Md. Afaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51208 of 2022 Arising Out of PS. Case No.-250 Year-2020 Thana- PALASI District- Araria ====================================================== MD. AFAQUE S/o Aklim @ Md. Aklim R/o village- Barhat, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2022 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.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 379, 386, 413 and 414 of the Indian Penal Code.

As per the prosecution case, the petitioner stole the motorcycle of the informant and later called the informant from his mobile phone and demanded Rs. 16,000/- as ransom for the motorcycle. When the informant along with his brother went to the meet petitioner and asked him to handover the motorcycle first, the petitioner showed him a dagger and threatened him.

Patna High Court CR. MISC. No.51208 of 2022(2) dt.21-12-2022 2/2 Then, the informant's brother raised alarm and on seeing nearby people gathering at the place of occurrence, the petitioner fled away.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is also accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 12.07.2022. 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, the petitioner above-named, 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, Araria in connection with Palasi P.S. Case No. 250 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T