Patna High CourtCR. MISC./62128/2021bail granted

Md. Azam v. The State Of Bihar

2022-03-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62128 of 2021 Arising Out of PS. Case No.-188 Year-2021 Thana- JOGBANI District- Araria ====================================================== MD. AZAM S/O MD. SHAMSUL @ MD. SAMSUL Resident of Sahebganj, Ward No.- 08, P.S.- Narpatganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Choubey, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Jogbani (Bathnaha) P.S. Case No. 188 of 2021 instituted for the offences under Sections 399 and 402 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 23.08.2021, charge-sheet has been submitted in the case and has antecedent of one case. Learned counsel for the petitioner submits that allegation is of recovery of one mobile, one pistol with magazine and one TVS motorcycle from the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the

Patna High Court CR. MISC. No.62128 of 2021(2) dt.22-03-2022 2/2 present case, nothing was recovered from his possession and even presuming what has been alleged is true, without admitting, for the purposes of bail, then the allegation hinges around Arms Act and the petitioner has remained in custody for nearly six months.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody and charge-sheet has been submitted in the case, let the petitioner above named be released 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 A.C.J.M.-V, Araria in connection with Jogbani (Bathnaha) P.S. Case No. 188 of 2021.

(Satyavrat Verma, J) Rishi/- U T