Ashfaque @ Md.Asfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.515 of 2022 Arising Out of PS. Case No.-792 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== ASHFAQUE @ MD. ASFAQUE Son of Md Ilyas @ Ilayas Miya Resident of Village - Kursakanta, Ward No. 05, P.S. - Kursakanta, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 342, 384 and 386/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.10.2021, charge-sheet has been submitted and is a person with clean antecedent. The informant alleges that he was going to Agra after loading goods from Guahati and when he reached Forbesganj two persons came on cycle and asked him to accompany them to the house of Murshid as his mother was calling him. Accordingly, he reached the place of occurrence where he was

Patna High Court CR. MISC. No.515 of 2022(2) dt.17-05-2022 2/3 tied and the accused demanded Rs.3,00,000/- for his release and took away Rs.10,000/- and two mobiles. Further, the informant was released from the house of Murshid by police as Md. Bashar had given information to the police.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and the informant and Murshid were known to each other and Murshid had requested the petitioner and Tabrej to ask the informant to come to his house based on which the petitioner and Tabrej had requested the informant to come to the house of Murshid where the occurrence took place. Learned counsel further submits that the petitioner was completely unaware that there was some dispute between Murshid and the informant rather he was of the view that since they are friend, as such, Murshid had called him to the house.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.10.2021, charge-sheet has been submitted, is a person with clean antecedent and the nature of allegation and the submission made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on

Patna High Court CR. MISC. No.515 of 2022(2) dt.17-05-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Forbesganj P.S. Case No. 792 of 2021.

(Satyavrat Verma, J) Kundan/- U T