Md. Azaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74368 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- PURNEA SADAR District- Purnia ====================================================== Md. Azaz Son of Md. Laik Resident of - Aina Mahal, Gulabbagh, P.S.- Sadar, District - Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 395 and 412 of the Indian Penal Code.
3. As per allegation in the FIR, four miscreants came to one maize godown and tied the hands of security guard. It is further alleged that three more accused persons came there with one vehicle DCM-06 and looted 227 bags of maize from the godown and also looted mobile and three hundred rupees from the security guard.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. By applying force police took signature on blank paper and later on
Patna High Court CR. MISC. No.74368 of 2024(2) dt.18-10-2024 2/3 the same was projected as the confessional statement of coaccused Md. Mubarak in which he has taken the name of the petitioner. Save and except confessional statement of co-accued, nothing has come against the petitioner to show his involvement in the present case. Petitioner is not named in the FIR. He was not put on TIP. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 1.10.2024 passed in Cr. Misc. No. 66896 of 2024. Petitioner is languishing in judicial custody since 16.6.2024.
5. The application for bail is opposed by learned APP for the State and submitted that petitioner has got seven criminal antecedents.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 329 of 2024 with following conditions:
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.74368 of 2024(2) dt.18-10-2024 3/3 present on each and every fixed date. In case of his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) One of the bailors will be close relative of the petitioner.
(S. B. Pd. Singh, J) sushma/- U