Md. Rajjak @ Murgi @ Md. Rajjak Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75056 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Md. Rajjak @ Murgi @ Md. Rajjak Alam son of Nazim @ Nazimuddin Resident of Village- Khajurbari, P. S- Jogbani, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Prasad Sah For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Azamnagar P.S. Case No. 98/2024 dated 09.03.2024 registered for the offence punishable u/s 395 of the Indian Penal Code, Section 27 of the Arms Act and 3 / 4 of the Explosive Substance Act.

3. As per the prosecution case, 20-25 unknown miscreants holding lethal weapons are alleged to have entered the house of the informant and committed dacoity of jewellery, cash, a mobile phone, DVR and other articles and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.75056 of 2024(2) dt.18-10-2024 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused persons. No T.I.P has been conducted by the prosecution. The other co-accused person has already been granted bail by this court vide order dated 12.09.2024 passed in Cr. Misc. No. 53257/2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Azamnagar P.S. Case No. 98/2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T