Md. Afaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1275 of 2022 Arising Out of PS. Case No.-409 Year-2021 Thana- BANKA District- Banka ====================================================== MD. AFAZ S/o Md. Idrish @ Idrish R/o Village - Khadihara, P.S. - Barahat, Dist.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-05-2022 Heard the parties.

Petitioner seeks regular bail in connection with Banka PS Case No. 409/2021 registered for the offences punishable under sections 395, 397 of the IPC and section 3⁄4 of the Explosive Act.

The allegation, as per the FIR, is that while the informant and one Vikash Sahi being staff of Mahadev Enclave Pvt. Ltd. were issuing Challans for the truck carrying sand, 5-6 miscreants wearing masks and having country made pistols in their hands entered into the office and exploded bomb at the door of the office and took away Rs. 10 Lacs kept in the boxes and while fleeing away, they resorted to firing also. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has falsely been implicated in this case on the basis of disclosure of his name by one co-accused, Md. Shahrukh during course of investigation. Learned counsel further submits that the co-accused, Md.

Patna High Court CR. MISC. No.1275 of 2022(2) dt.24-05-2022 2/2 Sazzad, from whose possession alleged recovery of Rs. 9,000/- was made, has been granted bail by this Court today itself vide Cr. Misc. No. 66774/2021. The petitioner is in custody since 04.06.2021 and the charge-sheet in the matter has been submitted.

Regards being hand to the submission advanced by the parties and taking into consideration the fact that the coaccused, Md. Sazzad has been granted bail by this Court, petitioner is in custody since 04.06.2021, the charge-sheet in the matter has been submitted and the petitioner has been implicated in this case on the basis of confessional statement of a co-accused, Md. Shahrukh, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, MD. AFAZ be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka PS Case No. 409/2021.

(Anil Kumar Sinha, J) perwez U T