Patna High CourtCR. MISC./5341/2019bail granted

Md. Shahid @ Md. Sahdi v. The State Of Bihar

2019-01-31Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5341 of 2019 Arising Out of PS. Case No.-206 Year-2018 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Shahid @ Md. Sahdi aged about 48 years, Male, son of Late Md. Rafique Resident of Village-Pokharia Gafoor Tola, P.S.- Mufassil, DistrictKatihar. ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Vinay Ranjan, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 452, 323, 354, 384, 504, 506/34 of the Indian Penal Code registered in connection with Muffasil P.S. Case No. 206 of 2018.

3. It is submitted that the petitioner has been falsely implicated only with a view to grab the land of the petitioner's family. Complaint was filed after inordinate delay of 22 days on 24.05.2018 for the alleged occurrence of 02.05.2018. The petitioners claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court Cr.Misc. No.5341 of 2019(2) dt.31-01-2019 2/2 to the satisfaction of learned Additional Chief Judicial Magistrate, Katihar in connection with Muffasil P.S. Case No. 206 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall cooperate 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. (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T