Md. Danish @ Ayazul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62461 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- SAKRI District- Madhubani ====================================================== Md. Danish @ Ayazul Haque S/o- Md. Azmabullah Resident of Village - Pachwar tola , P.s. - Sakri , District - Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Udeshya Kumar Yadav, Advocate For the Opposite Party :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-09-2024 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 Sakri P.S. Case No. 131/2024 dated 25.06.2024 registered for the offence punishable u/s 326, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, when the informant was going from Patna to Araria on his pick-up van, the informant parked his pickup on the roadside as he was feeling sleepy. In the morning around 3:40 AM, a boy came and started knocking the door of the pickup van. When the informant

Patna High Court CR. MISC. No.62461 of 2024(2) dt.23-09-2024 2/3 opened the door of the pickup van, the boy shot the informant due to which the informant fell down and the boy fled away with another boy on a motorcycle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No T.I.P has been conducted by the prosecution. The petitioner is not named in the F.I.R., the petitioner is made accused in this case only on the basis of information given by the spy. As per the report of CDR, it has been found that the petitioner was present under 10 Km near the place of occurrence. The petitioner has five antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 26.06.2024.

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, Madhubani in connection with Sakri P.S. Case No. 131/2024, with the condition ;-

Patna High Court CR. MISC. No.62461 of 2024(2) dt.23-09-2024 3/3 (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) atul/- U T