Md Mansoor Khan @ Md. Mansoor v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7301 of 2024 Arising Out of PS. Case No.-148 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Md Mansoor Khan @ Md. Mansoor Son Of Md. Rahmuzzama Khan Resident Of Village Nanaura, P.S.- Keoti Nanaura, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed Maslehuddin Ashraf, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2024 Heard Mr. Syed Maslehuddin Ashraf, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Ishakchak P.S. Case No. 148 of 2023, F.I.R. dated 26.07.2023 for the offences punishable under Section 392 of the Indian Penal Code.
3. According to prosecution case, while the informant was on the way to his home from railway station his mobile phone was snatched near pani tanki.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner has been made accused in the present case merely on the basis
Patna High Court CR. MISC. No.7301 of 2024(2) dt.17-02-2024 2/3 of the disclosure made by the co-accused person, namely, Abhishek. He further submits that except the aforesaid no cogent material has come during the investigation to suggest the involvement of the petitioner in the present occurrence.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and the fact that petitioner have clean antecedent and name of the petitioner has been transpired on the basis of the disclosure made by the co-accused person, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Ishakchak P.S. Case No. 148 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.7301 of 2024(2) dt.17-02-2024 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) ajay/- U T