Patna High CourtCR. MISC./54130/2019bail rejected

Md. Azam @ Azam v. The State Of Bihar

2019-08-28Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54130 of 2019 Arising Out of PS. Case No.-595 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

MD. AZAM @ AZAM Son of Md. Mokim Resident of Village - Mahendar Pur, P.S.- Sadar (Mofasil), District - Purnea 2.

Md. Ansur @ Ansur Son of Md. Mansur Resident of Village - Mahendar Pur, P.S.- Sadar (Mofasil), District - Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sadar (Mofasil) P.S. Case No.595 of 2018 registered under Section 392 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Purnea, District-Purnea. Learned counsel appearing on behalf of the petitioners submits that the petitioners are not named in the F.I.R. as on the basis of the written report of the informant Rajesh Kumar Sah, the present case was lodged against three unknown, boarding on the Glammer Motorcycle. In course of investigation, the name of the petitioners surfaced in the confessional statement of the

Patna High Court CR. MISC. No.54130 of 2019(2) dt.28-08-2019 2/2 co-accused Sahnawaz Alam.

In the written report, the informant has claimed to identify the culprits on seeing them again.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. However, the petitioners are directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T