Md Akil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11748 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- BARSOI District- Katihar ====================================================== MD. AKIL, SON OF LATE MD. RUBANI, Resident of Village - Baghwa, P.S.- Balia, Dist.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Adv.
For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 395 & 397 of the Indian Penal Code.
Allegation against the petitioner alongwith other accused persons is said to have assaulted the informant and his family members and also looted ornaments Rs.80,000/- Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.11748 of 2021(2) dt.29-07-2021 2/3 case. He further submits that the petitioner is not named in the FIR and on the confessional statement of co-accused he was made accused in the present case. Recovery was shown from the house of the petitioner. There is no T.I. Parade till date. The petitioner is languishing in judicial custody since 10.03.2020. The petitioner has got 03 criminal antecedents which is mentioned in para 3 of the bail petition. Charge has been framed against the petitioner.
Learned APP for the State vehemently opposed the prayer for bail of the petitioner.
Considering the fact that charges has been framed against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Barsoi (Sudhani) P.S. Case No. 32/2020 to the satisfaction of learned Court below where the case is pending/ successor Court; subject to the following conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will be given an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.
Patna High Court CR. MISC. No.11748 of 2021(2) dt.29-07-2021 3/3
(2) that the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.
(3) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bond will be liable to be cancelled.
(4) that the petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) amitkumar/- U T