Patna High CourtCR. MISC./59272/2024bail granted

Md Ashraf Alam @ Gabbar v. The State Of Bihar

2024-09-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59272 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Md Ashraf Alam @ Gabbar Son of Ruhul Amin R/O Vill.- Patalwa, P.S.- Kishanganj, District- Kishanganj ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kochadhaman P.S. Case No. 12 of 2024 dated 02.02.2024 registered for the offences punishable u/s 353, 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act.

3. As per the prosecution case, on 02.02.2024 during night patrolling, when the police force reached Budhimari Karmkar tola, the unknown miscreants who were armed with weapons, fired bullet and threw bomb upon the police. It is further alleged that the one police personnel, namely, Laltu

Patna High Court CR. MISC. No.59272 of 2024(2) dt.04-09-2024 2/3 Kumar got injured while he was stopping the dacoity which was being committed by the unknown miscreants in the house of one Manish Karmkar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Ranjeet Kumar. Nothing has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted regular bail by this court vide order dated 28.08.2024 passed in Cr. Misc. No. 46249 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Kishanganj in connection with Kochadhaman P.S.

Patna High Court CR. MISC. No.59272 of 2024(2) dt.04-09-2024 3/3 Case No. 12 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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