Md. Azaz @ Md. Azad @ Md. Ejaz @ Ajar @ Ejaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84389 of 2019 Arising Out of PS. Case No.-894 Year-2019 Thana- KOTWALI District- Patna ====================================================== 1.

MD. AZAZ @ MD. AZAD @ MD. EJAZ @ AJAR @ EJAZ Son of Jamal Ahmad @ Jamal Aham @ Jamir Ahmad Resident of Sabdalpura Rera, P.S.- Himpur Dipa, District - Bijnaour (U.P.).

2.

Sajid Alam @ Md. Sajid Alam Son of Riyasat Mister Riyasat @ Md. Riyasat Resident of Sabdalpura Rera, P.S.- Himpur Dipa, District - Bijnaour (U.P.). 3.

Md. Salim Son of Akhatar @ Md. Akhtar Resident of Sabdalpura Rera, P.S.- Himpur Dipa, District - Bijnaour (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2020 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are in custody in connection with Kotwali P.S.Case No.894 of 2019 registered for the offence punishable under Sections 399, 401, 402, 412, 414 and 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

On an information of preparation of dacoity by certain miscreants, police raided the place of occurrence near a temple. Several arms and ammuntions including country made pistols knife etc. were recovered. So far these petitioners are concerned,

Patna High Court CR. MISC. No.84389 of 2019(3) dt.17-02-2020 2/2 there are recoveries of knife from them. It appears that that petitioner no.3 is an accused in two other cases. Learned counsel for the petitioners submitted that they are cotton dealers and have falsely been implicated in this case. Petitioners are in custody since 06.10.2019, chargesheet has already been submitted and there is no chance of tampering with the evidence and other co-accused have already been granted bail by a coordinate Bench of this Court vide order dated 14.01.2020 passed in Cr.Misc.No.85679 of 2019. Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Patna in connection with Kotwali P.S.Case No.894 of 2019. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) B.Kr./- U T