Ijmamul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56784 of 2023 Arising Out of PS. Case No.-683 Year-2022 Thana- NAUTAN District- West Champaran ====================================================== Ijmamul Haque S/O Laddu Ahmad Resident Of Village-Santpur, P.S- Nautan, Distt.- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sagar Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 401, 379, 382, 411, 413, and 414 of the Indian Penal Code and u/s 25(1-b)a/26/35 of the Arms Act.

Prosecution case relates to gathering of antisocial elements for hatching a conspiracy. Acting on a tip off, police party proceeded towards the place of occurrence and apprehended four accused persons who disclosed that they are making plan to commit dacoity. On search, one mobile and two live cartridges were recovered from possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.56784 of 2023(3) dt.01-11-2023 2/2 falsely been implicated in this case merely on the basis of suspicion. The petitioner has neither concern with the alleged recovery nor with the vehicle in question. The alleged recovery is planted one by the police officials with ulterior motive. Similarly situated other accused person has already been enlarged on bail this Court vide order dated 11.5.2023 passed in Cr. Misc. No. 16009 of 2023. The petitioner is languishing in judicial custody since 17.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nautan P.S. Case No. 683 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, West Champran, Bettiah.

(Sunil Kumar Panwar, J) sushma/- U