Ajmal Yazdani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66503 of 2021 Arising Out of PS. Case No.-213 Year-2020 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Ajmal Yazdani Son of Noor Alam Resident of Village - Saptia Bishunpur, P.s.- Kochadhaman, Distt.- Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Wasi Ahmad Khan, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.

In the present case, the petitioner seeks bail in connection with Kochadhaman P.S. Case No. 213 of 2020 registered for the alleged offences under Sections 392 and 411 of the Indian Penal Code.

The prosecution case is that the petitioner and other co-accused persons looted Rs. 40,000/- and mobile phones from the informant and his brother.

The learned counsel for the petitioner submits that the petitioner was named by the co-accused and he was not apprehended from the spot and nothing incriminating has been

Patna High Court CR. MISC. No.66503 of 2021(3) dt.29-06-2022 2/3 recovered from him. No Test Identification Parade has been conducted so far. The co-accused Md. Niaz Alam from whom recovery has been made and who named the petitioner for being an accomplice in the crime has been granted bail by a Coordinate Bench vide order dated 09.09.2021 passed in Criminal Misc. No. 24302 of 2021. The petitioner is in custody since 25th January, 2021.

Learned A.P.P. for the State opposes the submissions made on behalf of the petitioner and submits that the co-accused was apprehended after chase and he named the petitioner. Having regard to the submissions made hereinabove and considering the fact that the nothing appears to have come against this petitioner during investigation and further considering the period of custody, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kochadhaman P.S. Case No. 213 of 2020, subject to the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and

Patna High Court CR. MISC. No.66503 of 2021(3) dt.29-06-2022 3/3 every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. (Arun Kumar Jha, J) ved/niku U T