Md. Ali Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76326 of 2024 Arising Out of PS. Case No.-276 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== 1.

Md. Ali Hussain Son of Late Fayak Resident of village-Dhamai Kol, P.SAzamnagar, District- Katihar 2.

Md. Iftekhar Son of Matiur Rahman Resident of village-Shitalmani, P.SAzamnagar, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Musowir, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Azamnagar P.S. Case No. 276 of 2024 instituted for the offences under Section 309(4) B.N.S.

3. As per prosecution case, the Informant was going to Maheshpur with motorcycle after collecting group collection amounting Rs. 55,805/-, in the way, four miscreants intercepted him and took out the aforesaid amount along with other articles from the dickey of the motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as

Patna High Court CR. MISC. No.76326 of 2024(2) dt.24-10-2024 2/3 alleged against them and have falsely been implicated in the present case merely on the basis of suspicion. The petitioners are not named in the F.I.R. and their names have surfaced in this case in course of investigation. He submits that only on the basis of suspicion, the petitioners were arrested and they confessed their guilt before the police and except this, there is nothing against the petitioners. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioners. No T.I.P. has been held in this case as yet. The petitioners have no concern with the alleged occurrence. The petitioners have no criminal antecedent and are languishing in judicial custody since 04.08.2024 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioners and the petitioners having no criminal antecedent, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.76326 of 2024(2) dt.24-10-2024 3/3 below/concerned Court in connection with Azamnagar P.S. Case No. 276 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T