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Patna High CourtCR. MISC./54533/2025allowed

Md. Aziruddin @ Sk. Azruddin @ Sk.Aziruddin v. The State Of Bihar

2025-08-12Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54533 of 2025 Arising Out of PS. Case No.-383 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Md. Aziruddin @ Sk. Azruddin @ Sk.Aziruddin S/O Sk. Aslam @ Md. Aslam Resident of Village- Chhit Baulia Dilarpur, P.S.- Manihari, DistrictKatihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nagar P.S. Case No. 383 of 2024 registered for the offences punishable under Sections 379, 411, 413, 414 of the IPC.

3. As per prosecution case, informant's motorcycle is said to have taken away by two boys. One boy is apprehended who disclosed his name as Md. Amir. It is further alleged that apprehended co-accused Md. Amir disclosed the name of Md. Kamran, who fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced in this case during course of investigation in

Patna High Court CR. MISC. No.54533 of 2025(2) dt.12-08-2025 2/3 confessional statement of co-accused Md. Amir. Except confessional statement of said co-accused, there is nothing on record to connect the present petitioner with the alleged occurrence. Petitioner bears criminal history of five case in which he is on bail. He further submits that petitioner has been roped in a case one after another in a routine manner without any basis. No incriminating article has been recovered either from conscious possession of the petitioner or from his house. Petitioner is in custody since 22.06.2024. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that coaccused Md. Sk. Kamran @ Md. Kamran and Alangir @ Alamgir @ Md. Alamgir have already been granted bail by coordinate Benches of this Court vide Cr. Misc. No. 28387 of 2025 and Cr. Misc. No. 39392 of 2025 respectively and case of petitioner stands more or less on similar footing and hence, petitioner deserves bail.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail, argument advanced on behalf of both sides and also taking

Patna High Court CR. MISC. No.54533 of 2025(2) dt.12-08-2025 3/3 into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II, Katihar in connection with Nagar P.S. Case No. 383 of 2024 corresponding to S.T. No. 371 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) shahzad/- U T