Iftekhar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3035 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- BALIGAON District- Vaishali ====================================================== Iftekhar Alam, S/o Md. Mustafa, Resident of Village- Kabadih, P.S. Baligaon, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 24.11.2018 in connection with Baligaon P.S. Case No.5 of 2018, Sessions Trial No.477 of 2018 registered for the offence under Sections 395 and 412 of the Indian Penal Code.

Learned counsel for the petitioner submits that He is not named in the FIR nor has there been any recovery from his possession. It is further submitted that on the basis of confessional statement by co-accused Faiyaj, the petitioner has been taken into custody and since then he is languishing in jail. Having considered the entire facts and circumstances of the case and also that the confessional statement made before the police has no evidentiary value and

Patna High Court CR. MISC. No.3035 of 2019(3) dt.28-02-2019 2/3 that the present petitioner was named by one co-accused in his statement made before by the police, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Vaishali at Hajipur, in Sessions Trial No.477 of 2018 arising out of Baligaon P.S. Case No.5 of 2018, subject to the following conditions:

(1) Father will be the bailor of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so

Patna High Court CR. MISC. No.3035 of 2019(3) dt.28-02-2019 3/3 required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) khushbu/- U T