Md. Asghar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9901 of 2015 Arising Out of PS.Case No. -317 Year- 2014 Thana -SHERGHATI DistrictGAYA ====================================================== Md. Asghar Ali Son of Md. Jumman Ansari R/o village - Malhari, P.S. Imamganj, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Murari Mishra, Adv. For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 379/420/34 of IPC. The prosecution case, in brief, is that the informant had gone to withdraw money from the ATM of the bank but he could not withdraw money, thereafter the petitioner withdraw money and at the same time, SMS came on the mobile of the informant that Rs.10,000/- had been withdrawn from his account, then the informant raised alarm and the petitioner was apprehended on the spot by the mob.

It has been Submitted that the petitioner has been arrested on wrong impression. He has no criminal antecedent and

Patna High Court Cr.Misc. No.9901 of 2015 (2) dt.24-04-2015 2/2 he has been in custody since 20.11.2014. After investigation charge-sheet has already been submitted and there is no chance of tampering with the witnesses.

Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/court concerned in Sherghati P. S. Case No. 317 of 2014 with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T