Md. Asif @ Md Ashique @ Md Ashique Alam @ Ashique Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73312 of 2022 Arising Out of PS. Case No.-235 Year-2021 Thana- BAHADURGANJ District- Kishanganj ====================================================== MD. ASIF @ MD ASHIQUE @ MD ASHIQUE ALAM @ ASHIQUE ALAM SON OF HALIMUDDIN R/O VILLAGE- TAPPU KALAGACHH, MANGRA, P.S.- DIGHALBANK, DISTRICT- KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420, 419, 384, 385, 379 and 414 of the Indian Penal Code.

As per the prosecution case, it is stated that the accused persons posing themselves to be the police personnel robbed the informant and others of their mobile phones etc. On being followed by the informant and others they were soon caught. While the petitioner was caught the other accused persons managed to escape. Incriminating articles were recovered from the petitioner's possession.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.73312 of 2022(2) dt.04-01-2023 2/2 order dated 25.4.2022 (Annexure-1), giving liberty to the petitioner to renew his prayer for bail after six months. The petitioner is in custody since 21.8.2021, investigation in the case has concluded and it has been more than eight months since the order of the earlier rejection.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, the liberty granted to the petitioner in the earlier order of rejection dated 25.4.2022, the petitioner having remained in custody for more than 1 year since 21.8.2021 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Bahadurganj P.S. Case no. 235 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj. (Partha Sarthy, J) avinash/- U T