Md. Arshad Alam @ Md. Arshad Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72583 of 2023 Arising Out of PS. Case No.-470 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Md. Arshad Alam @ Md. Arshad Khan Son Of Izhar Alam @ Majnu Resident Of Village - Bagdulhan, Ps- Nagar Hajipur, Dist- Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-05-2024 Heard learned counsel appearing on behalf of the petitioner and Pawan Kumar Chaurasia, learned A.P.P. for the State.
2. Petitioner seek bail in connection with Hajipur Nagar P.S. Case No. 470 of 2022 registered for the offences under Section 396 of the Indian Penal Code.
3. The petitioner is not named in the First Information Report and is in custody since 15.10.2022.
4. Allegation against the petitioner is to commit murder of the husband of the informant while committing dacoity alongwith other co-accused persons and to take away several ornaments, whether silver or gold, belongs to her shop namely, M/s Neelam Jewelry.
5. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.72583 of 2023(3) dt.10-05-2024 2/3 behalf of the petitioner that recovery of looted articles alleged to be made from the joint house of co-accused Rashid Latif @ Rashid Khan, who is the full brother of petitioner. It is submitted that the compliance of section 100(4) of the Code of Criminal Procedure (in short the "Cr.P.C.") not appears to be followed in the present case. It is also pointed out that the looted articles/ornaments were not put on Test Identification Parade (in short the "T.I.P.") as to connect this petitioner with the present occurrence of murder and dacoity. It is also pointed out that seizure list is also appearing doubtful, being not supported by independent witnesses rather by the police personnels.
While traveling over the argument, it was emphasized by learned counsel for the petitioner that petitioner has found involved in fifteen (15) criminal cases, which are almost of same nature, and in maximum cases, his name surfaced out of confessional statement of co-accused persons, where in all those cases, he is on bail. Learned counsel submits that this time, due to suspicion arises out of said criminal antecedents, the accused petitioner implicated falsely with the present case also.
Patna High Court CR. MISC. No.72583 of 2023(3) dt.10-05-2024 3/3 which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
6. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
7. Considering the aforesaid factual submission and by taking note of the fact that as the alleged recovery of looted articles appears to be recovered from the joint house, where petitioner is in custody since 15.10.2022, coupled with the fact that investigation of this case is completed and charge-sheet has already been filed, accordingly, above-named petitioner is directed to be released on bail in connection with Hajipur Nagar P.S. Case No. 470 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the condition as laid down under Section 437 (3) Cr.P.C.
(Chandra Shekhar Jha, J.) Rajeev/- U T