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Patna High CourtCR. MISC./83551/2024bail granted

Md. Asad @ Arsad v. The State Of Bihar

2025-04-11Mr. Justice Sandeep Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83551 of 2024 Arising Out of PS. Case No.-434 Year-2020 Thana- BIHAR District- Nalanda ====================================================== Md. Asad @ Arsad S/o Late Md. Rashid @ Rashid R/o vill - Mohalla Thawai, P.S.- Bihar, Distt.- Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85137 of 2024 Arising Out of PS. Case No.-434 Year-2020 Thana- BIHAR District- Nalanda ====================================================== Md. Sonu @ Qashim @ Kasim S/O Late Hashim @ Late Md. Haseem R/O Mohalla- Thawai, P.S- Bihar, Dist- Nalanda ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 83551 of 2024) For the Petitioner/s :

Ms.Kumari Anjali, Advocate For the State :

Mr.Jagdhar Prasad, APP (In CRIMINAL MISCELLANEOUS No. 85137 of 2024) For the Petitioner/s :

Mr.Parmanand Prasad, Advocate For the State :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2025 Re. Cr. Misc. No. 83551 of 2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Bihar P.S. Case No. 434 of 2020 registered for the offence punishable under

2/4 Sections 302, 380 and 457 of the Indian Penal Code.

3. Earlier the bail application of the petitioner has been rejected vide order dated 19.04.2024 passed in Cr. Misc. No. 7595 of 2024.

4. As per the prosecution case, the deceased was killed by some thieves while committing theft in a house and the F.I.R. was registered against unknown. The deceased was the watchman in the house where the theft was committed. The name of the petitioner has come in the confessional statement of co-accused.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is in jail since 24.09.2023. He is an engineer who used to work in Gulf country. The police officials of the Bihar Police Station have assisted this Court.

6. Considering the period of custody, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge-VII, Biharsharif, Nalanda/concerned Court in connection with Binar P.S. Case No. 434 of 2020.

3/4

8. If the petitioner stays in India then he will mark his appearance in Bihar Police Station, District-Nalanda on First Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. In case, he leaves for any Gulf counties for employment, then he shall not be required to make such attendance.

9. The personal appearance of the police officials stand dispensed with.

Re. Cr. Misc. No. 85137 of 2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Bihar P.S. Case No. 434 of 2020 registered for the offence punishable under Sections 457, 380 and 302 of the Indian Penal Code.

3. Earlier the bail application of the petitioner has been rejected vide order dated 09.04.2024 passed in Cr. Misc. No. 4912 of 2024.

4. As per the FIR, after killing the watchman the theft was committed.

5. Learned counsel for the petitioner submits that the

4/4 petitioner is innocent and has been falsely implicated in this case. The petitioner is in jail since 24.09.2023.

6. Considering the period of custody, this application is allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge, Nalanda at Bihar Sharif/concerned Court in connection with Bihar P.S. Case No. 434 of 2020.

8. The personal appearance of the police officials stand dispensed with.

(Sandeep Kumar, J) P. Kumar U T