Md. Azam @ Md. Aazam @ Md. Aajam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.972 of 2023 Arising Out of PS. Case No.-138 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== Md. Azam @ Md. Aazam @ Md. Aajam S/O Jiyaul @ Jiyaul Mistri R/O Village- Khabdah, P.S.- Narpatganj, Distt- Araria. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code.

The prosecution case in nutshell is that 8 to 10 miscreants committed dacoity in the house of the informant by inflicting assault. It is alleged that miscreants have looted cash of RS. 88,000/-, jewelry of informant's wife and mobile phones.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.972 of 2023(2) dt.27-03-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Md. Naushad. Moreover, the petitioner is languishing in judicial custody since 17.08.2022. Similarly situated coaccused persons have been granted bail by co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Forbesganj P.S. Case No. 138 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.972 of 2023(2) dt.27-03-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria.

(Sunil Kumar Panwar, J) nirajkrs/- U T