Md. Anwar Sheikh @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3188 of 2019 Arising Out of P.S. Case No.-387 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Md. Anwar Sheikh @ Chhotu, aged about 39 years son of Md.Israfil Sheikh @ Md. Israfil, Resident of Thana chowk , Purani Baazar Jamui , P.S. and distJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 04.10.2018 in connection with Khaira P.S.Case No.387 of 2018 for the offence alleged under Sections 395 and 412 of the Indian Penal Code.

The prosecution case as lodged by the informant is that while he was going on the Ambulance 6-7 persons interecepted the Ambulance and stolen away cash from the driver and other persons. They also took away mobiles and in road robbery they have looted several other persons of motorcycle, mobile and cash. Accordingly, three seizure lists have been prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the FIR, there is no

Patna High Court Cr.Misc. No.3188 of 2019(2) dt.24-01-2019 2/2 criminal antecedent and has been falsely implicated in the aforesaid case. He further submits that the chargesheet has already been submitted and there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Khaira P.S.Case No.387 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Jamui, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (iii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T